· 8/31/1984
David Tarter v. William Raybuck
Citations
- 742 F.2d 977
- 1984 U.S. App. LEXIS 19004
- 19 Educ. L. Rep. 952
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “declin[ing] to pass directly on the question of what fourth amendment standards would be applicable where the fruits of a search are turned over to law enforcement officials and used in proceedings against the student searched”
- r eversing award of attorney's fees to prevailing defendant in part because legal issue was not well-settled in circuit or country
- pre-T.L.O. case where search of student by police officer was initiated and noting that “[t]he presence of the police officers does take this directed by school official
- “[i]t is beyond peradven--ture that school children do not shed their constitutional rights at the school house gate.... School officials ... are agents of the government and are constrained by the Fourth Amendment.”
- burden on school official claiming student consented to search
- Christiansburg standards apply to section 1983 suit
Source: CourtListener parenthetical corpus (CC0).
Judges: Merritt, Krupansky, Phillips
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.