Colorado Supreme Court upholds DPS search of student on 'safety plan'

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A records request last March showed 41 DPS students needed to be patted down in about 30 schools. One year later it was 34 students.

The state Supreme Court upheld the searches under student safety plans, but did not conclude how long the plans may be in effect before they become unreasonable.The case appeared to be the first to address how the Fourth Amendment's prohibition on unreasonable searches and seizures applies to students when school officials' actions are based on an agreed-upon, but open-ended framework subjecting a student to searches.

that a safety plan in existence for one year gave reasonable grounds for administrators to search a student identified as J.G. "A search carried out in accordance with a previously established safety plan is reasonable at its inception because the plan diminishes the student’s expectation of privacy," she wrote."Additional individualized suspicion stemming from the student’s behavior is not required. Therefore, the search of J.G.’s backpack was justified at its inception."

While J.G.'s appeal to the state Supreme Court was pending, safety plans came under scrutiny after police said an East High School student2 East High deans take first step in filing lawsuit after shooting inside school last year9NEWS+ has multiple live daily shows including 9NEWS Mornings, Next with Kyle Clark and 9NEWS+ Daily, an original streaming program. 9NEWS+ is where you can watch live breaking news, weather updates, and press conferences.

 

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