A Sad Addition to the Dictionary
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"Giulianiistically" —
Doubly depressing is that this case, which goes a long way toward completely eliminating the Fourth Amendment rights of students, appears on this blog just days after another case suggested an unlimited "Columbine exception" to the First Amendment.
The case is D.L. v. Indiana, 2007 Ind. App. LEXIS 2729 (December 7, 2007) (PDF - 14 pages).
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Incidentally, the litigation (a suppression motion) arose from the security officials finding, not an ID, not a weapon, but 1.03 grams of marijuana — for which the student was forcibly removed from his family and committed to a juvenile facility for eighteen months. A year and a half in juvie for one gram of pot? I would think that is far more likely to trigger another Columbine than a modest respect for Fourth Amendment rights. But that's just me...
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*New Jersey v. T.L.O., 469 U.S. 325 (1985) (holding that students do have some, if not full, Fourth Amendment rights in a school setting).
Here, the court of appeals ... Giulianiistically invokes "9/11" and "Columbine", the latter of which alone semi attempts to make the point.A little back story: A student forgot his ID and was consequently subjected to a frisk at school by security guards (not bona fide police) -- not for weapons, mind you, but for the ID. Don't worry — I don't understand it either. But you don't want another Columbine, do you?
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I bet this oral argument ... sure got the attention of the students when the questioning at argument essentially left them with the impression that they have no rights against search and seizure of their persons at school if there is now a "Columbine risk" exception to T.L.O.*
Doubly depressing is that this case, which goes a long way toward completely eliminating the Fourth Amendment rights of students, appears on this blog just days after another case suggested an unlimited "Columbine exception" to the First Amendment.
The case is D.L. v. Indiana, 2007 Ind. App. LEXIS 2729 (December 7, 2007) (PDF - 14 pages).
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Incidentally, the litigation (a suppression motion) arose from the security officials finding, not an ID, not a weapon, but 1.03 grams of marijuana — for which the student was forcibly removed from his family and committed to a juvenile facility for eighteen months. A year and a half in juvie for one gram of pot? I would think that is far more likely to trigger another Columbine than a modest respect for Fourth Amendment rights. But that's just me...
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*New Jersey v. T.L.O., 469 U.S. 325 (1985) (holding that students do have some, if not full, Fourth Amendment rights in a school setting).
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Posted by Kip on
10 December 2007
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