Location, Location, Location: The Nebraska Supreme Court Impermissibly Restricted the Special- Needs Exception to the Warrant Requirement in J.P. Ex Rel. A.P. v. Millard Public Schools

Abstract

INTRODUCTION|The Fourth Amendment to the United States Constitution prohibits the federal government, or its officers, from conducting unreasonable searches and seizures unless a warrant is issued based on probable cause or consent. Additionally, it is well established that the Fourth Amendment, through the Fourteenth Amendment to the United States Constitution, applies to individual states and state officers. The United States Supreme Court has determined that public school officials are state officers and therefore subject to the Fourth Amendment restrictions.