Do Students Have 4th Amendment Rights in Schools

Do Students Have 4th Amendment Rights in Schools

Students are entitled to a right to be safe from unreasonable searches and seizures even within school premises, as ruled by the Supreme Court of the United States.

However, these rights are somewhat limited for students, allowing school officials to conduct searches based on reasonable suspicion rather than just probable cause.

Reasonable Suspicion – The standard that must be met in order to search a student at school; this criterion was established by in 1985 by the case New Jersey v. T.L.O.

Case Background

In a New Jersey high school, a teacher caught two girls smoking in the bathroom and escorted them to the principal’s office. While one girl confessed to smoking, the other, identified as T.L.O., denied it.

The principal discovered that the girl was also selling marijuana at school when they inspected her purse. T.L.O. confessed to the offense after being brought to the police station.

Based on her confession and the evidence in her purse, the state of New Jersey brought charges against her. In a juvenile court, T.L.O. argued that her Fourth Amendment rights against unreasonable searches and seizures had been violated.

The school was supported by the court, but T.L.O. appealed to the New Jersey Supreme Court, which ultimately deemed the search unreasonable and the evidence inadmissible.

The state of New Jersey appealed the decision to the United States Supreme Court.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

US Supreme Court Decision

School administrators are not required to obtain a search warrant or establish probable cause

In 1985, the Supreme Court ruled, by a 6-3 margin, that New Jersey and the school had met a “reasonableness” standard for conducting such searches at school.

School administrators are not required to obtain a search warrant or establish probable cause before conducting searches, as students have a decreased expectation of privacy while on school premises.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

 

STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963

 

§ 11 Searches and seizures.

Sec. 11.

The person, houses, papers, possessions, electronic data, and electronic communications of every person shall be secure from unreasonable searches and seizures. No warrant to search any place or to seize any person or things or to access electronic data or electronic communications shall issue without describing them, nor without probable cause, supported by oath or affirmation.

The provisions of this section shall not be construed to bar from evidence in any criminal proceeding any narcotic drug, firearm, bomb, explosive or any other dangerous weapon, seized by a peace officer outside the curtilage of any dwelling house in this state.

History: Const. 1963, Art. I, § 11, Eff. Jan. 1, 1964 ;– Am. S.J.R. G, approved Nov. 3, 2020, Eff. Dec. 19, 2020
Constitutionality: The last sentence of this section was held invalid as in conflict with US Const, Am IV. Lucas v People, 420 F2d 259 (CA 6, 1970); Caver v Kropp, 306 F Supp 1329 (DC Mich 1969); People v Pennington, 383 Mich 611; 178 NW2d 460 (1970); People v Andrews, 21 Mich App 731; 176 NW2d 460 (1970).
Former Constitution: See Const. 1908, Art. II, § 10.

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Forfeiture Law in Focus: SCOTUS and Sixth Circuit Issue Landmark Rulings

The landscape of forfeiture law has been significantly shaped by recent decisions from the U.S. Supreme Court and the Sixth Circuit Court of Appeals. These rulings, in the cases of United States v Darden-Mosby and Culley v Marshall, provide crucial insights and establish new precedents that will impact future forfeiture proceedings.

Attorney Fees and Right to Counsel

Another significant trend in forfeiture jurisprudence is the recognition that the right to counsel can supersede forfeiture statutes. Courts have increasingly ruled that individuals facing forfeiture actions are entitled to use their seized assets to pay for legal representation. This trend reinforces the importance of ensuring that defendants have access to legal counsel to defend their rights effectively.

Michigan Forfeiture Laws: Recent Changes and Requirements

Michigan has implemented several changes to its forfeiture laws to enhance due process and protect property owners’ rights. Key statutes governing forfeiture in Michigan include:

  1. Requirement for Conviction: Michigan law now mandates a criminal conviction for forfeiture actions involving personal property valued under $50,000 (excluding cash) unless the owner consents to the forfeiture.
  2. Filing Deadlines: Law enforcement agencies must file a forfeiture action within 28 days of seizing property valued over $50,000. If the property is valued under this amount, a conviction is required before proceeding with forfeiture.
  3. Claims of Interest: Property owners must file a claim of interest within 20 days of receiving notice of the forfeiture action. For property valued over $50,000, no claim of interest is required before the police are obliged to either return the property or forward the case to the prosecutor’s office.

United States v Darden-Mosby

Background: The DEA conducted a search of the defendant’s home and vehicle, uncovering an unregistered firearm, drug paraphernalia, and 13.6 grams of cocaine. Significant amounts of cash were seized from various locations, including $112,690 from the defendant’s bedroom. Additional sums were seized during a subsequent traffic stop. The court’s decision hinged on the distinction between legitimate and illegitimate sources of the seized funds.

Court’s Holdings and Reasoning

  1. Cash in the Safe and Shoebox: $92,470 – The Sixth Circuit upheld the forfeiture, emphasizing the presence of bulk cash in proximity to drug paraphernalia and an unregistered firearm. The defendant’s history of dealing in cash for drug transactions, contrasted with banking his legitimate business earnings, further solidified the court’s decision. The court applied established principles, asserting that bulk currency, drug convictions, unexplained legitimate income, and proximity to drugs collectively justified forfeiture.
  2. Cash in and on the Dresser: $20,220 –Here, the defendant successfully demonstrated a legitimate source for the funds. Evidence of withdrawals for home repairs and the absence of drug residue led the court to rule against forfeiture. This part of the decision underscores the importance of substantiating the legitimate origins of contested assets.
  3. Cash from the Traffic Stop: $2,500 –Despite administrative forfeiture proceedings, the court determined that criminal forfeiture was not applicable due to procedural dismissals by the government. This nuanced aspect highlights the complexities in distinguishing between criminal and administrative forfeiture pathways.

Listen to the Court Case

 

Culley v Marshall: Balancing Timeliness and Due Process

Background: In Alabama, vehicles were seized under civil forfeiture laws after their owners lent them to individuals who were subsequently arrested for drug offenses. The central issue was whether the lack of preliminary hearings violated due process rights.

Supreme Court’s Holdings and Reasoning

The U.S. Supreme Court ruled that due process does not necessitate separate preliminary hearings before the main forfeiture proceedings. The court emphasized that timely hearings sufficed, drawing parallels to the speedy trial rights of defendants. The decision referenced historical practices and legislative intent from the period when the Fourteenth Amendment was ratified, reinforcing that preliminary hearings were not a due process requirement for personal property seizures.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Timbs v Indiana: A Landmark Decision on Excessive Fines

Background: In Timbs v Indiana, the Supreme Court held that the Eighth Amendment’s prohibition against excessive fines is applicable to the states through the Fourteenth Amendment. This case involved the seizure of a Land Rover worth $42,000, which Timbs had purchased with money from his father’s life insurance policy. The state seized the vehicle after Timbs was convicted of drug offenses, even though the maximum fine for his crime was $10,000.

Court’s Holdings and Reasoning

The Court ruled that the seizure of Timbs’ vehicle was grossly disproportionate to the gravity of his offense and thus violated the Eighth Amendment’s Excessive Fines Clause. This decision is pivotal as it underscores the constitutional limits on state and local governments’ power to impose fines and forfeitures.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately.

An experienced attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights.

Since 1993 our expert legal defense in navigating criminal law matters and protecting your constitutional rights are what we eat for breakfast everyday.

Contact Komorn Law PLLC if you’re ready to fight and win.

Research us and then call us.

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When Can Silence Be Used Against You? 

In the realm of criminal law, the Fifth Amendment to the United States Constitution grants individuals critical protections, including the right to remain silent and the right against self-incrimination. These rights are fundamental shields against potential abuses by law enforcement and the legal system.

Understanding Your Fifth Amendment Rights

The Fifth Amendment ensures that no person shall be compelled to be a witness against themselves in a criminal case. This right is commonly invoked during police interrogations and legal proceedings to prevent individuals from inadvertently providing evidence that could be used against them.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Legal Development

The Court held that merely remaining silent in response to police questioning is not sufficient to invoke the privilege against self-incrimination. Instead, individuals must expressly assert their Fifth Amendment rights in order to receive protection.

In the case of Salinas v Texas (decided June 17, 2013), the United States Supreme Court made a significant ruling concerning the invocation of the Fifth Amendment. The Court held that merely remaining silent in response to police questioning is not sufficient to invoke the privilege against self-incrimination. Instead, individuals must expressly assert their Fifth Amendment rights in order to receive protection. Failure to do so may result in the prosecution using a person’s silence against them in court.

 

Implications for Individuals

This ruling underscores the importance of understanding and actively asserting one’s rights under the Fifth Amendment. If you are in a situation where you may be questioned by law enforcement and wish to invoke your right to remain silent, it is crucial to clearly state that you are asserting your Fifth Amendment privilege. This simple declaration can help protect you from potential legal consequences that may arise from remaining silent without explicitly claiming this constitutional right.

Legal Counsel and Your Rights

When facing legal challenges, particularly in criminal cases, it is advisable to seek legal counsel immediately. A qualified attorney can provide guidance on how to navigate interactions with law enforcement while safeguarding your constitutional rights. If you are subpoenaed to testify, an attorney can also manage the invocation of your Fifth Amendment rights on your behalf, ensuring that your interests are protected throughout the legal process.

Conclusion

In conclusion, while the Fifth Amendment provides powerful protections against self-incrimination, recent legal interpretations necessitate proactive measures to invoke these rights effectively. Merely remaining silent may no longer suffice to protect oneself from potential legal repercussions. Therefore, understanding your rights and seeking competent legal representation are crucial steps in safeguarding your interests under the Fifth Amendment.

For expert legal assistance in navigating criminal law matters and protecting your constitutional rights, contact Komorn Law PLLC today. Our dedicated team is committed to advocating for our clients and ensuring that their rights are upheld throughout the legal process.

STATE CONSTITUTION (EXCERPT)
CONSTITUTION OF MICHIGAN OF 1963

§ 17 Self-incrimination; due process of law; fair treatment at investigations.

 

Sec. 17.

     No person shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty or property, without due process of law. The right of all individuals, firms, corporations and voluntary associations to fair and just treatment in the course of legislative and executive investigations and hearings shall not be infringed.

History: Const. 1963, Art. I, § 17, Eff. Jan. 1, 1964
Former Constitution: See Const. 1908, Art. II, § 16.

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Issue: Whether 18 U.S.C. 922(g)(1), the federal statute that prohibits a person from possessing a firearm if he has been convicted of “a crime punishable by imprisonment for a term exceeding one year,” complies with the Second Amendment.

Date Proceedings and Orders (key to color coding)
Aug 16 2023 Application (23A140) to extend the time to file a petition for a writ of certiorari from September 4, 2023 to October 5, 2023, submitted to Justice Alito.
Aug 25 2023 Application (23A140) granted by Justice Alito extending the time to file until October 5, 2023.
Oct 05 2023 Petition for a writ of certiorari filed. (Response due November 9, 2023)
Oct 18 2023 Brief of respondent Bryan David Range in opposition filed.
Nov 01 2023 DISTRIBUTED for Conference of 11/17/2023.
Nov 01 2023 Reply of petitioners Merrick B. Garland, Attorney General, et al. filed. (Distributed)
Jun 24 2024 Supplemental brief for the Federal Parties filed. VIDED.
Jun 26 2024 Supplemental brief of respondent Bryan David Range filed.
Jun 28 2024 DISTRIBUTED for Conference of 7/1/2024.
Jul 02 2024 Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of United States v. Rahimi, 602 U. S. ___ (2024).

Read the SCOTUS Brief here and watch the video explanation below

20240626143114544_2024-06-24 Suppl Br for Respondent

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Legal Disclaimer: This content is not intended to provide any legal guidance or advice. Although I am a licensed attorney I am not providing any legal advice through this video. If you have any legal questions please contact a licensed professional in your area to address your specific issues.

Third Circuit Holds that a Nonviolent Offender May Not Be Stripped of Second Amendment Rights. Read the Brief Here.

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Facial Recognition and Wrongful Arrests

Facial Recognition and Wrongful Arrests

Facial Recognition

How Technology Can Lead to Mistaken-Identity Arrests

Facial recognition technology has become increasingly prevalent in law enforcement, but its use raises critical questions about civil liberties and accuracy. One landmark case sheds light on the potential pitfalls of this technology and its impact on individuals’ rights.

The Robert Williams Case in Detroit

In 2020, Robert Williams, a Detroit resident, experienced firsthand the flaws of facial recognition technology. Falsely identified as a theft suspect, Williams was wrongfully arrested by the Detroit Police Department. His case marked the first publicized instance in the United States where facial recognition led to an erroneous arrest

The city of Detroit has agreed to compensate him $300,000 for being falsely accused of shoplifting and has committed to revising the use of facial recognition technology by the police to enhance crime-solving efforts.

As per a lawsuit settlement with Robert Williams, his driver’s license photo was mistakenly identified as a potential match to an individual captured on security footage at a Shinola watch store in 2018.

The agreement mandates that Detroit police will evaluate cases involving facial recognition technology from 2017 to 2023. Authorities will promptly notify a prosecutor if an arrest occurs without verifiable evidence.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

Policy Changes and Safeguards

The fallout from Williams’s arrest prompted significant policy changes within the Detroit Police Department:

No Arrests Based Solely on Facial Recognition: Detroit police can no longer make arrests or conduct photo lineups based solely on facial recognition results. Instead, they must combine facial recognition leads with traditional investigative methods to verify suspects’ involvement in a crime.

Enhanced Training: Officers now undergo additional facial recognition training to improve accuracy and responsible use of the technology.

Transparency: The department must disclose when facial recognition technology was used to make an arrest. Additionally, they must acknowledge the technology’s limitations and potential for misidentification.

Civil Liberties: These changes aim to prevent future misidentifications and protect civil liberties. Deputy Chief Franklin Hayes emphasized that facial recognition remains a valuable tool for both solving cases and exonerating innocent individual.

A Concerning Trend

Since then, several other cases of wrongful arrests stemming from facial recognition technology have been uncovered, shedding light on a concerning trend.

Some cities have banned the technology altogether, while others lack comprehensive policies. 

In the ever-changing landscape of technological advancements, finding the delicate balance between public safety and individual rights is paramount. The recent Robert Williams case serves as a poignant reminder that safeguarding civil liberties should always be the top priority in the realm of law enforcement technology.

And now for something completely different….

Michigan Law: False Report of Crime

According to MCL Section 750.411a, intentionally making a false report of a crime to law enforcement or emergency services is a crime. Depending on the severity, it can range from a misdemeanor to a felony.

For instance:
False report of a misdemeanor: Up to 93 days in jail or a $500 fine.
False report of a felony: Up to 4 years in prison or a $2,000 fine.
If the false report results in injury or death, the penalties escalate

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People v. Chandler Case: Protecting Fourth Amendment Rights

People v. Chandler Case: Protecting Fourth Amendment Rights

Court of Appeals of Michigan

PEOPLE of the State of Michigan, Plaintiff-Appellee, v. Javarian CHANDLER, Defendant-Appellant.

No. 368736

Decided: June 27, 2024
Before: Borrello, P.J., and Swartzle and Young, JJ.

Introduction

In the People v. Chandler case, the Michigan Court of Appeals addressed an important issue related to search and seizure rights.

Background
Javarian Chandler found himself in legal trouble when he was on probation. As a condition of his probation, he had to comply with certain requirements, including submitting to searches of his person, property, and computer without the need for a search warrant. “Defendant’s Acknowledgment” section found on the SCAO, Form MC 243 (Sept 2022), p. 3:

But was this constitutional?

What Happened?

On May 17, 2023, Chandler was among the probationers and parolees on Officer Thomas’ compliance check list. This marked the first encounter between Officer Thomas and Chandler.

Officer Thomas and three Detroit Police officers visited the house listed on Chandler’s paperwork, owned by Chandler’s cousin. When Chandler’s cousin and mother answered the door, they initially denied Chandler’s presence. However, after Officer Thomas explained that a search was required due to Chandler’s parole, Chandler’s cousin allowed entry.

In Chandler’s room, officers discovered a loaded handgun. Despite being prohibited from owning weapons, Chandler was charged with felon in possession of a firearm, felon in possession of ammunition, and two counts of possession of a firearm during a felony, as a fourth-offense habitual offender. Chandler unsuccessfully sought to suppress the weapon found during the search, leading to an interlocutory appeal following the trial court’s denial of his motion.

Attorney Michael Komorn

Attorney Michael Komorn

State / Federal Legal Defense

With extensive experience in criminal legal defense since 1993 from pre-arrest, District, Circuit, Appeals, Supreme and the Federal court systems.

KOMORN LAW (248) 357-2550

The Search and Legal Question

The search in question took place in Chandler’s bedroom, conducted by Detroit police officers and a probation agent as part of Chandler’s conditions of probation. The critical issue was whether a warrantless search of a probationer’s property violated the Fourth Amendment.

Did such a search require reasonable suspicion or an express waiver by the probationer?

Chandler’s cousin, who lived in the same house, granted consent for the search. However, defense counsel argued that Chandler’s cousin lacked the authority to authorize the search of Chandler’s bedroom. Additionally, they contended that Chandler’s cousin did not consent freely or voluntarily.

Court’s Ruling

The Michigan Court of Appeals held that a warrantless search of a probationer’s property without reasonable suspicion or an express waiver is unconstitutional. In essence, probationers retain Fourth Amendment rights, even while under specific conditions during their probation.

Implications

This decision underscores the delicate balance between law enforcement’s need to monitor probationers and an individual’s right to privacy. By upholding Fourth Amendment protections, the court ensures justice while respecting individual liberties.

Contact Komorn Law

If you have legal questions or need assistance, don’t hesitate to reach out to our experienced attorneys at Komorn Law. You can call us at (248) 357-2550 or visit our website at KomornLaw.com for personalized legal guidance.

And now for something completely different….

Michigan Law: False Report of Crime

According to MCL Section 750.411a, intentionally making a false report of a crime to law enforcement or emergency services is a crime. Depending on the severity, it can range from a misdemeanor to a felony.

For instance:
False report of a misdemeanor: Up to 93 days in jail or a $500 fine.
False report of a felony: Up to 4 years in prison or a $2,000 fine.
If the false report results in injury or death, the penalties escalate

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