In re Elvin G.
Appellate Division of the Supreme Court of the State of New York
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
- New Jersey v. T. L. O.Supreme Court of the United States · 1985
- Arizona v. HicksSupreme Court of the United States · 1987
- People v. SpinelliNew York Court of Appeals · 1974
- People v. DukesCriminal Court of the City of New York · 1992
- In re Bernard G.Appellate Division of the Supreme Court of the State of New York · 1998
3 more not listed; retrieve them via the Exa API.