Brief of Juvenile Law Center, et al. as Amici Curiae in Support of Respondents
Mae C. Quinn
Marsha L. Levick
SummaryOriginal

Summary

The Fourth Amendment's requirement of reasonableness was not followed when a student was taken from her school and subjected to an extensive and intrusive interview.

2011 | Federal Juristiction

Brief of Juvenile Law Center, et al. as Amici Curiae in Support of Respondents

Keywords interrogations; child; minor; search and seizure; special needs search and seizure; exigent circumstances; school searches; probable cause; Fourth Amendment (U.S.); questioning; consent
Screenshot 2024-07-02 at 10.44.11 AM

Summary of Argument

The Ninth Circuit correctly found that the seizure and questioning of nine year old S.G. by Petitioners Camreta and Alford was an unconstitutional seizure in violation of the Fourth Amendment. The Ninth Circuit’s decision is narrowly crafted to address the specific circumstances of this seizure and is fully consistent with this Court’s Fourth Amendment jurisprudence.

The touchstone of the Fourth Amendment is reasonableness, generally demonstrated by a warrant, probable cause or consent. Narrow exceptions to these requirements have been carved out, including exigent circumstances and special needs searches. Brief investigatory stops have also been deemed permissible without a warrant or probable cause. None of these exceptions are present here, and any divergence from a traditional Fourth Amendment analysis is unjustified. Nine year old S.G. was improperly removed from her school classroom, taken to a closed office by Petitioners without a warrant, probable cause or consent, and then asked repeatedly about the most intimate details of her private family life for two hours. S.G. was not free to terminate this encounter nor was this the type of brief and non-intrusive encounter categorized as a Terry stop.

First, the special needs exception to the Fourth Amendment is inapplicable. Reduced Fourth Amendment scrutiny of searches and seizures of students is permissible to further the purposes of maintaining order and discipline in the school environment so that children can learn. School officials were not involved in S.G.’s seizure, and S.G. was suspected of no violation of school rules. Rather, the seizure was pervaded by a law enforcement purpose—the criminal investigation of S.G.’s parent. Second, neither the circumstances surrounding the seizure nor the actions of state officials subsequent to the encounter indicate that emergency action was required to safeguard S.G.’s safety and well being. No exigent circumstances were present.

Finally, consent to the seizure was neither sought from nor provided by either S.G. or her mother. While schools have some in loco parentis authority, the school had no authority to substitute its consent for that of S.G. or her mother here.

Open Amicus Brief as PDF

Summary of Argument

The Ninth Circuit's ruling that the seizure and questioning of nine-year-old S.G. by Petitioners Camreta and Alford violated the Fourth Amendment is grounded in a meticulous application of established Fourth Amendment principles. The decision demonstrates a nuanced understanding of the balance between individual liberty and the legitimate interests of law enforcement.

The Fourth Amendment's cornerstone is the principle of reasonableness, typically manifested through a warrant, probable cause, or consent. While exceptions have been established for exigent circumstances, special needs searches, and brief investigatory stops (Terry stops), none of these exceptions apply to the facts of this case. The seizure of S.G. from her classroom, her subsequent confinement in a closed office, and the prolonged interrogation concerning sensitive family matters, conducted without a warrant, probable cause, or consent, constitute a clear violation of S.G.'s Fourth Amendment rights. This was not a brief, minimally intrusive encounter comparable to a Terry stop.

The special needs doctrine, often invoked to justify reduced Fourth Amendment scrutiny in the school context, is not applicable here. The rationale behind this doctrine is to preserve order and facilitate a conducive learning environment. However, S.G.'s seizure was not motivated by any school-related concerns, but rather by a law enforcement objective—investigating a criminal offense potentially involving her parent. Similarly, the circumstances surrounding the seizure and the actions of the state officials do not indicate the presence of exigent circumstances justifying the seizure. The immediate safety or well-being of S.G. was not at stake.

Furthermore, neither S.G. nor her mother provided consent for the seizure. Although schools possess a degree of in loco parentis authority, this authority does not extend to substituting parental consent in a situation involving a criminal investigation. The school lacked the legal authority to consent to the seizure on behalf of S.G. or her mother.

Open Amicus Brief as PDF

Summary of Argument

The Ninth Circuit's ruling that the seizure and questioning of nine-year-old S.G. by Petitioners Camreta and Alford was unconstitutional under the Fourth Amendment is sound. The court's decision is narrowly tailored to the specific circumstances of this case and aligns with Supreme Court Fourth Amendment jurisprudence.

The Fourth Amendment's cornerstone principle of reasonableness typically necessitates a warrant, probable cause, or consent. While narrow exceptions exist, including exigent circumstances and special needs searches, brief investigatory stops, none are applicable here. The removal of S.G. from her classroom, her transportation to a closed office without a warrant, probable cause, or consent, and the ensuing two-hour interrogation on highly sensitive personal matters by Petitioners constitute an unreasonable seizure. S.G. lacked the freedom to end the encounter, and it did not resemble the brief, non-intrusive nature of a Terry stop.

The special needs exception to the Fourth Amendment, which allows for reduced scrutiny of student searches and seizures to maintain order and facilitate learning, is inapplicable here. School officials were not involved, and S.G. was not suspected of any school rule violation. Instead, the seizure was driven by a law enforcement objective: investigating S.G.'s parent. Furthermore, neither the circumstances surrounding the seizure nor the subsequent actions of state officials suggest an emergency situation requiring immediate intervention for S.G.'s safety and well-being. There were no exigent circumstances.

Lastly, consent to the seizure was neither sought nor obtained from either S.G. or her mother. While schools possess in loco parentis authority, this authority cannot override the need for consent from S.G. or her mother in this case.

Open Amicus Brief as PDF

Summary of Argument

The Ninth Circuit Court correctly ruled that the way nine-year-old S.G. was taken from school and questioned by law enforcement officers, Camreta and Alford, was against the Fourth Amendment of the Constitution. The court’s ruling is specific to the facts of this case and aligns with past legal decisions about the Fourth Amendment.

The Fourth Amendment protects people from unreasonable searches and seizures. Usually, this means law enforcement needs a warrant, probable cause, or permission from the person being searched. There are exceptions to these rules, such as emergencies or special situations. In this case, none of those exceptions apply. S.G. was taken from her classroom to a closed office without any of those legal requirements. She was asked personal questions about her family for two hours. She couldn't leave, and it wasn't a quick, brief encounter like the type allowed in some situations.

One exception to the Fourth Amendment rule is for special needs, like maintaining order in schools. However, this exception doesn't apply here. School officials were not involved in taking S.G. from class. It was clear that the officers were trying to investigate a crime involving S.G.’s parent. Also, nothing about the situation suggested an emergency or threat to S.G.’s safety.

Finally, S.G. or her mother never gave permission for her to be taken. Even though schools have some parental authority, they couldn't decide for S.G. or her mother in this situation.

Open Amicus Brief as PDF

Summary of Argument

The court decided that the way police took a nine-year-old girl, S.G., out of school was wrong. The police took her to a room and asked her private questions about her family for two hours. This was not okay because it breaks the rules in the Fourth Amendment about how the police can search people and ask them questions.

There are some rules about how the police can take people to talk to them. They usually need a warrant or a good reason to do this, or the person needs to agree to talk. The police didn't have any of these things when they took S.G. out of school.

The court also said that the police can't use the rules that apply to schools to take kids out for questions. School rules are about keeping students safe and learning, not about investigating crimes. The police were asking S.G. questions about a crime they thought her parents might have done.

The court also said that S.G. couldn't leave the room when the police were asking her questions. She wasn't allowed to go home or talk to her mom. This wasn't fair because she didn't get to choose to talk to the police.

Open Amicus Brief as PDF

Footnotes and Citation

Cite

Brief of Juvenile Law Center et al. as Amici Curiae in Support of Respondents, Camreta v. Greene, No. 09-1454, 09-1478 (U.S. Jan. 31, 2011).

    Highlights