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CREATING A FLOW CHART FOR SEARCH AND SEIZURE

CREATING A FLOW CHART FOR SEARCH AND SEIZURE. Concepts Related to Searches. Not a search unless conducted by state actor Justified at inception Individualized suspicion where highly intrusive Risk to safety or discipline for highly intrusive search

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CREATING A FLOW CHART FOR SEARCH AND SEIZURE

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  1. CREATING A FLOW CHARTFOR SEARCH AND SEIZURE

  2. Concepts Related to Searches • Not a search unless conducted by state actor • Justified at inception • Individualized suspicion where highly intrusive • Risk to safety or discipline for highly intrusive search • Reasonably related to objectives of the search • Reasonably related in scope to circumstances that justified search • Not a search unless legitimate expectation of privacy • Reasonable grounds for suspicion of violation of law or school rules • Not excessively intrusive, given age and sex of student and nature of infraction • Special needs justifying random search

  3. Two ExamplesLinear Flow ChartGraphic Flow Chart

  4. Not a search unless by state actor Justified at inception Special needs justifying random search Reasonable grounds for suspicion of violation of law or school rules Not excessively intrusive, given age and sex of student and nature of infraction Individualized suspicion where highly intrusive Risk to safety or discipline Reasonably related to objectives of the search Appropriate safeguards for privacy Not a search unless legitimate expectation of privacy Reasonably related in scope to circumstances that justified search Search? State actor Legitimate expectation of privacy Justified at inception? Reasonable grounds for suspicion violation of law violation of school rules Reasonably related in scope to circumstances that justified search? Reasonably related to objectives of the search Not excessively intrusive Age of student Sex of student Highly intrusive Individualized suspicion Sufficient risk to safety or discipline Random search Special needs Appropriate safeguards for privacy Creating a Linear Flow Chart

  5. Creating a Graphic Flow Chart

  6. Search? Justified at Incept? Reasonably Related in Scope? Related to objectives? State Actor? Reasonable grounds for suspicion? No Yes No Yes Violation of rules? Not excessively intrusive? Legitexp of privacy? No Yes Age? Yes Yes Violation of law? Reasonably intrusive No Highly intrusive Sex? No Indiv suspicion No Reasonably intrusive Suff. risk Constitutional Unconstitutional Yes No Search

  7. Key Principles • Make it yourself • Focus on problem-solving steps (analytical steps) • Use a format that best suits your learning style and memory • Memorize the steps

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