1 00:00:00,160 --> 00:00:02,599 Speaker 1: And now it's time for our daily Bloomberg Law Brief, 2 00:00:02,720 --> 00:00:05,560 Speaker 1: exploring legal issues in the news. And The Bloomberg Law 3 00:00:05,600 --> 00:00:09,560 Speaker 1: Brief has brought to you by American Arbitration Association, International 4 00:00:09,560 --> 00:00:12,719 Speaker 1: Trade or Business Dispute Resolve Faster with the International Center 5 00:00:12,760 --> 00:00:16,520 Speaker 1: for Dispute Resolution, the leader in alternative dispute resolution around 6 00:00:16,520 --> 00:00:20,200 Speaker 1: the world, i c d R dot org. Today, Bloomberg, Lahoe, 7 00:00:20,239 --> 00:00:23,079 Speaker 1: student Grosso and Greg's Store speak with Georgetown A law 8 00:00:23,120 --> 00:00:27,120 Speaker 1: professor Laura Donohue and George Newhouse, a partner at Denton's, 9 00:00:27,360 --> 00:00:30,280 Speaker 1: about a Georgia case in which police conducted a warrantless 10 00:00:30,280 --> 00:00:34,519 Speaker 1: search of a high school and padded down nine hundred students. 11 00:00:35,240 --> 00:00:39,920 Speaker 1: George Sheriff Jeff Hobby said the invasive searches were necessary 12 00:00:40,000 --> 00:00:43,320 Speaker 1: after arrest made in a series of local burglaries reveal 13 00:00:43,400 --> 00:00:45,960 Speaker 1: what he called drug activity at the school, and then 14 00:00:46,000 --> 00:00:48,720 Speaker 1: as long as a school administrator was present, the search 15 00:00:48,800 --> 00:00:52,320 Speaker 1: of the students was legal. What's your response to that? 16 00:00:52,320 --> 00:00:55,640 Speaker 1: That is not clear at all. I would actually disagree 17 00:00:55,680 --> 00:01:00,200 Speaker 1: with that assertion on certainly they had legitimate need to 18 00:01:00,320 --> 00:01:04,000 Speaker 1: do this kind of investigation, but as far as I 19 00:01:04,000 --> 00:01:06,440 Speaker 1: can see, particularly a pat down search. Now, remember, a 20 00:01:06,520 --> 00:01:10,399 Speaker 1: pat down search is not a full blown Fourth Amendment search, 21 00:01:10,600 --> 00:01:14,400 Speaker 1: So it's and it's justified under the Constitution, but it 22 00:01:14,480 --> 00:01:19,080 Speaker 1: requires at least a reasonable suspicion that a particular individual 23 00:01:19,160 --> 00:01:22,559 Speaker 1: or suspect has contraband or a weapon or some something 24 00:01:22,600 --> 00:01:25,800 Speaker 1: like this. It appears that this search is way overbroad, 25 00:01:25,880 --> 00:01:29,360 Speaker 1: it's not done on content, and frankly, it probably uh 26 00:01:29,640 --> 00:01:33,080 Speaker 1: resulted in a Fourth Amendment violation of the various students 27 00:01:33,080 --> 00:01:36,760 Speaker 1: who were subjected to it. Laura at risk of of 28 00:01:37,400 --> 00:01:39,720 Speaker 1: acting like I'm on the side of the police here. Uh. 29 00:01:40,080 --> 00:01:44,520 Speaker 1: Isn't it established in the law though, that that students 30 00:01:44,600 --> 00:01:50,400 Speaker 1: have lesser lower level of constitutional rights than somebody who's 31 00:01:50,400 --> 00:01:53,520 Speaker 1: just walking out on the street. So students do have 32 00:01:53,600 --> 00:01:56,440 Speaker 1: a lesser Constitution right, but they do have a constitutional right. 33 00:01:56,480 --> 00:01:59,560 Speaker 1: The Fourth Amendment protections apply in public school system, so 34 00:01:59,640 --> 00:02:02,680 Speaker 1: this is been long established. So the d process clause 35 00:02:02,720 --> 00:02:04,840 Speaker 1: incorporates the Bill of Rights against the States and then 36 00:02:05,120 --> 00:02:08,239 Speaker 1: vers Ohio. You know, the Fourth Amendment now applies uh 37 00:02:08,400 --> 00:02:10,880 Speaker 1: to the to the states and students particularly. There's a 38 00:02:10,919 --> 00:02:13,960 Speaker 1: case called Tinker for the Moine Independent Community School District 39 00:02:14,040 --> 00:02:16,919 Speaker 1: in nineteen sixty nine that said you know, no, students 40 00:02:16,960 --> 00:02:20,120 Speaker 1: don't shed their constitutional rights at the schoolhouse gate. So 41 00:02:20,280 --> 00:02:23,680 Speaker 1: the standard though of reasonableness here is different for school 42 00:02:23,680 --> 00:02:27,359 Speaker 1: administrator than for the police. So for a school administrator 43 00:02:27,360 --> 00:02:29,520 Speaker 1: to do a pat down, it has to be reasonable 44 00:02:29,600 --> 00:02:32,440 Speaker 1: in light of whether it's justified at the inception and 45 00:02:32,600 --> 00:02:36,240 Speaker 1: reasonable in scope. And under those criteria, it might be 46 00:02:36,280 --> 00:02:38,799 Speaker 1: reasonable in scope to do a pat down, but that's 47 00:02:38,800 --> 00:02:41,080 Speaker 1: different from the police. For the police to do it, 48 00:02:41,160 --> 00:02:43,480 Speaker 1: so it matters who's doing the search. For the police 49 00:02:43,520 --> 00:02:45,240 Speaker 1: to do it, they have to have probable cause in 50 00:02:45,360 --> 00:02:47,560 Speaker 1: order to do a search, which is which is a 51 00:02:47,639 --> 00:02:51,600 Speaker 1: higher standard. So is Georgetown Law Professor Laura Donohue and 52 00:02:51,680 --> 00:02:54,919 Speaker 1: George Newhouse, a partner at Dendon speaking with Bloomberg lawh 53 00:02:54,919 --> 00:02:57,200 Speaker 1: House doing Grosso and Greg Sture. You can listen to 54 00:02:57,240 --> 00:03:00,240 Speaker 1: Bloomberg Law weekdays at one pm Wall Street time year 55 00:03:00,320 --> 00:03:03,320 Speaker 1: on Bloomberg Radio, and that's this morning's Bloomberg Law Brief. 56 00:03:03,400 --> 00:03:05,720 Speaker 1: You can find more legal news at Bloomberg Law dot 57 00:03:05,760 --> 00:03:09,120 Speaker 1: com and Bloomberg b NA dot com. Attorneys will find 58 00:03:09,120 --> 00:03:12,560 Speaker 1: exceptional legal research and business development tools there as well. 59 00:03:12,680 --> 00:03:15,679 Speaker 1: Visit Bloomberg Law dot com and Bloomberg b and a 60 00:03:15,800 --> 00:03:17,320 Speaker 1: dot com for more information,