Doe v. Little Rock School District

380 F.3d 349
CourtCourt of Appeals for the Eighth Circuit
DecidedAugust 18, 2004
Docket03-3268
StatusPublished
Cited by26 cases

This text of 380 F.3d 349 (Doe v. Little Rock School District) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Doe v. Little Rock School District, 380 F.3d 349 (8th Cir. 2004).

Opinions

MORRIS SHEPPARD ARNOLD, Circuit Judge.

This case requires us to decide whether the practice of the Little Rock School District (LRSD) that subjects secondary public school students to random, suspicionless searches of their persons and belongings by school officials is unconstitutional. We conclude that such searches' violate the students’ fourth amendment rights because they unreasonably invade their legitimate expectations of privacy.

Jane Doe is a secondary school student in the LRSD. One day during the school year, all of the students in Ms. Doe’s classroom were ordered to leave the room after removing everything from their pockets and placing all of their belongings, including their báckpacks and purses, on the desks in front of them. While the students were in the hall outside their classroom, school personnel searched the items that the students had left behind, including Ms. Doe’s purse, and they discovered marijuana in a container in her purse. The parties have stipulated that LRSD has a practice of regularly conducting searches of randomly selected classrooms in this manner.

In her amended complaint, Ms. Doe, individually and on behalf of a class of “all secondary public school students who have started seventh grade in the [LRSD] as of the 1999-2000 school year,” claimed that this method of conducting searches is unconstitutional, and sought declaratory and injunctive relief pursuant to 42 U.S.C. § 1983. After certifying the case as a class action, the district court entered judgment for the LRSD and dismissed the complaint with prejudice. We reverse.

I.

The fourth amendment provides that “[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall, not be violated.” U.S. Const. amend. IV. The fourteenth amend[352]*352ment extends this constitutional guarantee to searches by state officers, including public school officials. See New Jersey v. T.L.O., 469 U.S. 325, 334-37, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985). “In carrying out searches ... school officials act as representatives of the State, not merely as surrogates for the parents, and they cannot claim the parents’ immunity from the strictures of the Fourth Amendment.” Id. at 336-37, 105 S.Ct. 733. “Reasonableness” is “the touchstone of the constitutionality of a governmental search,” Board of Educ. of Indep. Sch. Dist. No. 92 of Pottawatomie County v. Earls, 536 U.S. 822, 828, 122 S.Ct. 2559, 153 L.Ed.2d 735 (2002), and the relevant constitutional question in school search cases is “whether the search was reasonable in all the circumstances,” Thompson v. Carthage Sch. Dist., 87 F.3d 979, 982 (8th Cir.1996).

In determining whether a particular type of school search is constitutionally reasonable, we engage in a fact-specific “balancing” inquiry, under which the magnitude of the government’s need to conduct the search at issue is weighed against the nature of the invasion that the search entails. “On one side of the balance are arrayed the individual’s legitimate expectations of privacy and personal security; on the other, the government’s need for effective methods to deal with breaches of public order.” T.L.O., 469 U.S. at 337, 105 S.Ct. 733.

The Supreme Court has developed a framework designed to make the required balancing of privacy and security interests somewhat less amorphous than it might otherwise be. A reviewing court is to consider first the “scope of the legitimate expectation of privacy at issue,” then the “character of the intrusion that is complained of,” and finally the “nature and immediacy of the governmental concern at issue” and the efficacy of the means employed for dealing with it. See Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646, 654-66, 115 S.Ct. 2386, 132 L.Ed.2d 564 (1995). The district court addressed each of these considerations in turn, and decided that they all supported the conclusion that the search practice involved in this case was reasonable. In particular, the district court stated in its order that LRSD students have only a “limited privacy interest,” and that the search practice is “minimally intrusive, is preceded by adequate notice, is motivated by a significant policy concern, and is directed towards an immediate, legitimate need.” Given these determinations, the district court held that “the search policy” was constitutional because it “reasonably serves the school district’s important interest in detecting and preventing drug use among its students.” In reaching this conclusion, the district court relied heavily on two recent cases in which the Supreme Court upheld school district policies that allowed only those students who agree to be subject to random drug testing to participate in school athletics or other competitive extracurricular activities. See Vernonia, 515 U.S. at 648, 664-65, 115 S.Ct. 2386; Earls, 536 U.S. at 825, 122 S.Ct. 2559.

After reviewing the reasonableness issue de novo, we conclude that the district court underestimated the extent to which the LRSD’s search practice intrudes upon its students’ legitimate privacy interests, and overestimated the substantiality of the LRSD’s factual showing that such an intrusion was necessary to address a significant difficulty in the schools. Students presumptively have a legitimate, though limited, expectation of privacy in the personal belongings that they bring into public schools. Because subjecting students to full-scale, suspicionless searches eliminates virtually all of their privacy in their belongings, and there is no [353]*353evidence in the record of special circumstances that would justify so considerable an intrusion, we hold that the search practice is unconstitutional.

II.

We ask first whether secondary public school students in the LRSD retain any legitimate expectations of privacy. The district court, quoting Earls, 586 U.S. at 830, 122 S.Ct. 2559, noted that a “ ‘student’s privacy interest is limited in a public school environment where the State is responsible for maintaining discipline, health, and safety.’ ” Students in public schools do indeed have lesser expectations of privacy than people generally have in public situations, due in large part to the government’s responsibilities “as guardian and tutor of children entrusted to its care.” Vemonia, 515 U.S. at 665, 115 S.Ct. 2386 (footnote omitted). Public school students’ privacy interests, however, are not nonexistent. We think it is clear that schoolchildren are entitled to expect some degree of privacy in the personal items that they bring to school.

As a general matter, “the Fourth Amendment provides protection to the owner of every container that conceals its contents from plain view,” United States v. Ross, 456 U.S. 798, 822-23, 102 S.Ct. 2157, 72 L.Ed.2d 572 (1982), and public school students thus retain a protection against “unreasonable” searches of their backpacks and purses by school officials.

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Bluebook (online)
380 F.3d 349, Counsel Stack Legal Research, https://law.counselstack.com/opinion/doe-v-little-rock-school-district-ca8-2004.