Legal Opinion · Dissent

Matter of Gregory M.

New York Court of Appeals

Decided December 20, 1993Published

1DissentTitone, J.

Acknowledging that there was not *596even a "reasonable suspicion” of criminality, the Court nevertheless holds that the school security guard was entitled to conduct a search of appellant’s book bag. In so ruling, the Court has reduced the privacy protections of the Fourth Amendment and of article I, § 12 of the State Constitution below all previously recognized minimum thresholds. While I too am horrified by the recent escalation of deadly weapons in the public schools, I cannot agree that the problem should be remedied by a contraction of even the minimal privacy rights that the Supreme Court…

2Cases cited16 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Delaware v. ProuseSupreme Court of the United States · 1979
  3. Camara v. Municipal Court of City and County of San FranciscoSupreme Court of the United States · 1967
  4. Dunaway v. New YorkSupreme Court of the United States · 1979
  5. United States v. Brignoni-PonceSupreme Court of the United States · 1975

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