4th Amendment
This report reviews the expanding infrastructure of police surveillance in public schools and highlights the failure of AI technologies and digital surveillance in making schools safer. Further, the report discusses the harms these technologies may cause to Black and Latine youth and youth from other historically vulnerable communities. Calling on youth justice advocates, youth leaders,…
School-based arrests have long made up a substantial number of cases in the juvenile legal system. As a result, youth defenders often represent clients who have been seized, searched, or interrogated on school grounds. This guide provides a general overview of the law governing school seizures, searches, and interrogations and practice tips for challenging evidence…
Abstract: “Nearly sixty years ago, In re Gault guaranteed children in juvenile court the right to counsel. However, Gault fell short. While recognizing children’s distinct vulnerability, the Court created a right for children that is weaker than that of adults and failed to recognize how youth in fact require a more expansive right to counsel. Grounded in the stories of…
This infographic from the No Tech Criminalization in Education (NOTICE) Coalition provides a walkthrough of a student’s experience in a data-driven school from kindergarten to the end of high school. The resource includes information on different forms of information sharing and surveillance technologies and individual know your rights information for students navigating digital surveillance.
This research report by the ACLU provides an overview of surveillance technology (“EdTech Surveillance”) industry in K-12 schools and critically explores the industry’s claims, the efficacy of the products, and their impacts on students and schools. The report also provides recommendations for best protecting students and promoting better surveillance technology decision-making among elected officials, school…
From the executive summary: “• Police increasingly replace stop-and-frisk practices with databases that crudely profile Black and Latinx youth based on their neighborhoods, peer groups, and clothing. • These databases ruin lives: police typecast minority youths as gang members without evidence, putting them at risk of false arrest and wrongful deportation. • Many police departments…
From the executive summary: “On April 21, 2021, the Department of Justice opened a pattern or practice investigation of the Minneapolis Police Department (MPD) and the City of Minneapolis. By then, Derek Chauvin had been convicted in state court for the tragic murder of George Floyd in 2020. In the years before, shootings by other…
This Article argues that the casual home invasions of the family regulation system are not just another story of lawless state action carried out by rogue actors or of an adversarial system failing to function. Instead, this is a story of a problem-solving system functioning exactly as it was designed. The problem-solving model emphasizes informality,…
This article discusses the legal landscape of school surveillance, including digital and artificial intelligence surveillance, through the lens of Fourth Amendment and federal privacy laws. From the Abstract: “Since the Covid-19 pandemic, schools have escalated their use of educational technology to improve students’ in-school and at-home learning. Although educational technology has many educational benefits for…
From the executive summary: “The Department of Justice has reasonable cause to believe that the Louisville/Jefferson County Metro Government (Louisville Metro) and the Louisville Metro Police Department (LMPD) engage in a pattern or practice of conduct that deprives people of their rights under the Constitution and federal law: • LMPD uses excessive force, including unjustified…
This expert report analyzes the presence of racial bias in a police encounter with Black teenage girls in Colorado. The report utilizes research on implicit racial bias, stereotype threat, adultification, and policing as trauma in its analysis of the facts of the case.
From the introduction: “This brief offers context on the youth criminalization crisis in the United States. We then outline a series of harmful elements in the Bipartisan Safer Communities Act. Specifically, we review provisions that: • Increase funding for threat assessments, surveillance, and greater police presence in schools; • Expand data-sharing between law enforcement and…
The Washington Supreme Court ruled the trial court was required to consider an accused person’s race and ethnicity in the totality of the circumstances when determining whether a person was “seized” in Washington state constitution’s prohibition against unlawful seizure. The court offered the following language in support: As noted above, the article I, section 7…
The New York Supreme Court Appellate Division reversed the guilty plea and conviction of Mr. Thorne after the court denied his motion to suppress, finding that the arresting officers lacked requisite reasonable suspicion to stop him. The Court, citing several inconsistencies in the radio description of the assailant compared to Mr. Thorne, offered the following language in support: “The officers did not have reasonable…
From the Abstract: This Note argues that the Supreme Court’s “children are different” principle should apply to the constitutionality of the practice of strip-searching youth in juvenile facilities. By acknowledging the unique vulnerabilities of youth to harm caused by strip searches, courts must emphasize the extreme intrusion to a juvenile’s privacy rights. Assigning weight to…
