6th Circuit today - Search of cell phone - schools

CT
Chuck Thompson
Thu, Mar 28, 2013 2:14 PM

"Such broad language, however, does not comport with our precedent. A search
is justified at its inception if there is reasonable suspicion that a search will uncover
evidence of further wrongdoing or of injury to the student or another. Not all infractions
involving cell phones will present such indications. Moreover, even assuming that a
search of the phone were justified, the scope of the search must be tailored to the nature
of the infraction and must be related to the objectives of the search. Under our two-part
test, using a cell phone on school grounds does not automatically trigger an essentially
unlimited right enabling a school official to search any content stored on the phone that
is not related either substantively or temporally to the infraction. Because the crux of
the T.L.O. standard is reasonableness, as evaluated by the circumstances of each case,
we decline to adopt the broad standard set forth by DeSoto and the district court."

13a0078p.06http://www.ca6.uscourts.gov/opinions.pdf/13a0078p-06.pdf

11-6476https://ecf.ca6.uscourts.gov/cmecf/servlet/TransportRoom?servlet=CaseSelectionTable.jsp?csnum1=11-6476

Glendle Cain, III v. Owensboro Public Schools
Western District of Kentucky at Owensboro

Charles W. Thompson, Jr.
Executive Director and General Counsel
International Municipal Lawyers Association, Inc.
7910 Woodmont Ave., Suite 1440
Bethesda, Maryland 20814
202-466-5424  x7110
Direct: 202-742-1016
Cell: 240-876-6790
Plan ahead:
IMLA Mid-Year Seminar April 14-16, 2013
IMLA'S Annual Conference in San Francisco September 29-October 2, 2013

"Such broad language, however, does not comport with our precedent. A search is justified at its inception if there is reasonable suspicion that a search will uncover evidence of further wrongdoing or of injury to the student or another. Not all infractions involving cell phones will present such indications. Moreover, even assuming that a search of the phone were justified, the scope of the search must be tailored to the nature of the infraction and must be related to the objectives of the search. Under our two-part test, using a cell phone on school grounds does not automatically trigger an essentially unlimited right enabling a school official to search any content stored on the phone that is not related either substantively or temporally to the infraction. Because the crux of the T.L.O. standard is reasonableness, as evaluated by the circumstances of each case, we decline to adopt the broad standard set forth by DeSoto and the district court." 13a0078p.06<http://www.ca6.uscourts.gov/opinions.pdf/13a0078p-06.pdf> 11-6476<https://ecf.ca6.uscourts.gov/cmecf/servlet/TransportRoom?servlet=CaseSelectionTable.jsp?csnum1=11-6476> Glendle Cain, III v. Owensboro Public Schools Western District of Kentucky at Owensboro Charles W. Thompson, Jr. Executive Director and General Counsel International Municipal Lawyers Association, Inc. 7910 Woodmont Ave., Suite 1440 Bethesda, Maryland 20814 202-466-5424 x7110 Direct: 202-742-1016 Cell: 240-876-6790 Plan ahead: IMLA Mid-Year Seminar April 14-16, 2013 IMLA'S Annual Conference in San Francisco September 29-October 2, 2013