Legal Opinion · Dissent

In re Elvin G.

Appellate Division of the Supreme Court of the State of New York

Decided January 29, 2008Published

1Dissent

Lippman, P.J., and Catterson, J.,

dissent in a memorandum by Catterson, J., as follows: I must respectfully dissent for the following reasons:

Whatever the latitude possessed by school authorities in conducting searches for the purpose of restoring order, a minimum legal standard nevertheless exists.

That standard requires a balancing of the relevant interests; that is the interests of the students in privacy and the school authorities in maintaining order, as well as a determination that the measures adopted were reasonably related to the objective of the search.

Here, the school authorities…

2Cases cited8 opinions

  1. New Jersey v. T. L. O.Supreme Court of the United States · 1985
  2. Arizona v. HicksSupreme Court of the United States · 1987
  3. People v. SpinelliNew York Court of Appeals · 1974
  4. People v. DukesCriminal Court of the City of New York · 1992
  5. In re Bernard G.Appellate Division of the Supreme Court of the State of New York · 1998

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