Legal Opinion · Concurrence
Burlison Ex Rel. CM v. Springfield Public Schools
Court of Appeals for the Eighth Circuit
Decided March 4, 2013No. 12-1382Published
1ConcurrenceLoken, Circuit Judge
I agree that, if separating C.M. from his backpack for five minutes was a seizure, it was objectively reasonable and thus did not violate C.M.’s Fourth Amendment rights. I therefore join the opinion of the court. I write separately to explain why I also agree with the district court that there was no seizure of C.M.’s personal belongings within the meaning of the Fourth Amendment. Accord Doran v. Contoocook Valley Sch. Dist., 616 F.Supp.2d 184, 193-94 (D.N.H.2009).
A Fourth Amendment seizure of property occurs “when there is some meaningful interference with an individual’s possesso-ry…
2Cases cited8 opinions
- United States v. JacobsenSupreme Court of the United States · 1984
- New Jersey v. T. L. O.Supreme Court of the United States · 1985
- Vernonia School District 47J v. ActonSupreme Court of the United States · 1995
- Couture Ex Rel. M.C. v. Board of Education of the Albuquerque Public SchoolsCourt of Appeals for the Tenth Circuit · 2008
- United States v. Keith A. Va LerieCourt of Appeals for the Eighth Circuit · 2005
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