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· 10/4/2021

Fisher v. Raleigh County Community Action Association, Inc.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the hand-search of a student’s person because he was tardy for school (which resulted in the discovery of drugs in the student’s pocket) violated the student’s Fourth Amendment rights
  • holding the hand-search of a student’s person because he was tardy for school, which resulted in the discovery of drugs in the student’s pocket, violated the student’s Fourth Amendment rights
  • noting that school officials physically touching the student by conducting a “pat-down” “exacerbate[d] the intrusive nature of the search” that resulted in illegal drugs being found on the student’s person
  • “Rather than a search conducted to promote students’ welfare and safety, the policy here operated, in large part, with a law- enforcement purpose. As a result, the intrusiveness of the search under a constitutional analysis is very, very high.”

Source: CourtListener parenthetical corpus (CC0).

Read full opinion on CourtListener

Sourced 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.