1. “9 Fundamentals of Search & Seizure Law for South Dakota School Administrators” School Administrators of South Dakota April 7, 2015

2. FUNDAMENTAL #1 ■ Fourth Amendment Applies in Public Schools ■ Students do not “shed their constitutional rights... at the school house gate.”

3. FUNDAMENTAL #2 ■ Public School Administrators are “State Actors” under the Fourth Amendment ■ New Jersey v. TLO (1985)

4. FUNDAMENTAL #3 ■ Public School Students - “Expectation of Privacy” ■ Persons and Articles Brought to School

5. FUNDAMENTAL #4 ■ Students Have Lower “Expectation of Privacy” than the General Public

6. FUNDAMENTAL #5 ■ “ Expectation of Privacy” ■ Student’s Person ■ Items Brought to School

7. FUNDAMENTAL #6 ■ “ Expectation of Privacy” ■ Purses or Backpacks ■ Lockers

8. FUNDAMENTAL #7 ■ Searches Must Be “Reasonable” ■ Probable Cause NOT Needed ■ Warrant NOT Needed

9. FUNDAMENTAL #8 ■ “Justified at its Inception” ■ “Reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating the law or rules of the school” ■ TLO

10. FUNDAMENTAL #8 ■ “Reasonable in Scope” ■ “Measures used reasonably related to the search’s objectives and not excessively intrusive in light of the age and sex of the student and the nature of the infraction” ■ TLO

11. FUNDAMENTAL #9 ■ Technology and the Fourth Amendment ■ Cell Phones, PDAs, Google Glasses, etc. ■ Same Standards Apply?

12. SEARCH & SEIZURE QUIZ ■ Scenario # 1 ■ Scenario # 2

13. “9 Fundamentals of Search & Seizure Law for South Dakota School Administrators” School Administrators of South Dakota April 7, 2015