G.M. v. State
Supreme Court of Alabama
1ConcurrenceMoore, Chief Justice
I agree with the main opinion that the search of G.M. was unreasonable under Fourth Amendment jurisprudence and ex-cludable in a criminal prosecution. I write specially to explain that the evidence found on G.M. need not be excluded from use in assessing and imposing school discipline. “Most courts ... do not apply the federal constitutional exclusionary rules to ... school disciplinary proceedings....” 1 McCormick on Evidence § 173 (7th ed.2013). See Thompson v. Carthage School Dist., 87 F.3d 979, 980-82 (8th Cir.1996) (holding that the exclusionary rule *830should not be applied to exclude…
2Cases cited1 opinion
- T.M.M. v. Lake Oswego School DistrictCourt of Appeals of Oregon · 2005