Select a case regarding student rights or student discipline (from anywhere in the Unite States) that has been decided after 2007. Prepare a case brief (see attached)

Lower Merion School District v. Blake J. Robbins.

Case number No. 10-0665 . Settled October 2010 by U.S. District Court for the Eastern District of Pennsylvania.

(a) Background and Facts

Mr. Robins was a student at the Lower Marion School district in 2009. He was given a loaner laptop by the school in October 2009. Taking the laptop off school ground, Mr. Robins against the school’s insurance policy. However, robin was not aware f this violations, and neither was he aware of the webcam hidden in the laptops that could be tracked back to the school. When the laptops theft track system, which has a webcam, was activated remotely because of the missing laptop, the webcam captured Mr. Robin’s images at homes automatically for 15 days. The theft track photos were presented to the schools administration who called Mr. Robins to discuss about his questionable behavior at home. Mr. Robins initiated a lawsuit against the district claiming that his continental rights had been violated. Prompting a preliminary injunction by the court against the district on February 23, 2010, followed by a permanent injunction in may 14th 2010. The district court for the eastern district of Pennsylvania. On February 23, 2010, the last of which ruled that Mr. Robin should be awarded the attorney fees prior to 14th may, 2010.

(b) Issues

The students were not informed about the concealed webcam for theft tracking. The student’s photos were made public.

(c). The Webcam was sophisticated and intrusive as the photos were taken in a private place leading to the violations of privacy case. The supreme court’s stance of privacy violation within the private residence was clear in the case of Silverman v. United States, 365 U. S. 505, 511 (1961). The webcam violated the fourth amendment, and the personal rights of the student. The concealed webcam amounts to an unlawful search of Mr. Robin’s home

(d) Rationale (reasons for the holding)

He school violated the Fourth amendment because by law, Robin was secure from unreasonable searches and seizures of property by the government. It protects against arbitrary arrests, and is the basis of the law regarding search warrants, stop-and-frisk, safety inspections, wiretaps, and other forms of surveillance, as well as being central to many other criminal law topics and to privacy law

(e). Dissenting or concurring opinions

In Katz v. United States, 389 U.S. 347 (1967) found that attaining personal information without the consent of the of the individual to whom the information pertains amounts to a search and seizure and is therefore unconstitutional under the Fourth Amendment.

(F). Decision of the Highest Court: Fees awarded prior to March 14, 2010 are upheld, and fees incurred after march 14, 2010 must be compensated by the Lower Merion School District(LMSD).


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