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Without permission and in violation of school policy, a high school student retrieved a wallet and sweatshirt from his pickup truck, which was parked on a public street across from the school. When the student returned to school grounds, the assistant principal searched the student's person, backpack, and wallet, only to discover a cellular telephone and a set of keys. Without the student's consent, the assistant principal then searched the student's truck and found drug paraphernalia.
The student was suspended for nineteen days.
The school board upheld the suspension. The district court reversed the decision of the board and ordered the suspension and offenses expunged from the student's school record, holding that the search of the truck violated the Fourth Amendment, as the assistant principal lacked probable cause to expand the search to the truck.
The Supreme Court affirmed, holding that the search of the student's truck violated the student's right to be free from unreasonable searches. Millard Pub. Receive free daily summaries of new opinions from the Nebraska Supreme Court.
Annotate this Case. Justia Opinion Summary Without permission and in violation of school policy, a high school student retrieved a wallet and sweatshirt from his pickup truck, which was parked on a public street across from the school. Download PDF. Justia Legal Resources. Find a Lawyer.
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