J.P. v. Millard Public Schools
285 Neb. 890
| Neb. | 2013Background
- J.P. challenged the district court’s ruling under the Student Discipline Act after a search of his off-campus vehicle found drug paraphernalia.
- The district determined a 19-day suspension for drug-related violations, extending to off-school-ground conduct, was appropriate.
- The district court reversed the board’s decision and expunged the offenses, finding the truck search violated the Fourth Amendment.
- The Nebraska Supreme Court analyzed whether school officials had authority to search a student’s off-campus vehicle and which standard (probable cause vs. reasonable suspicion) applies.
- The majority held that Nebraska law does not authorize off-campus vehicle searches absent a school-sponsored activity or on-school-ground conduct; the search thus violated the Fourth Amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority to search off school grounds | J.P. argues District had authority under the Act to search his off-campus vehicle | District contends authority extends to off-campus searches tied to school conduct | District authority to search off campus not supported; search invalid |
| Standard for school vehicle searches | Fourth Amendment standard should be probable cause or at least reasonable suspicion | T.L.O. two-part standard applies; reasonable grounds sufficient | Off-campus vehicle search requires authority; the standard discussed is not satisfied under Nebraska law |
| Remedy for unconstitutional search | Removal of offenses from record adequate to remedy Fourth Amendment violation | Remedy beyond expungement may be necessary; discretion lies with district court | Remedy affirmed; offenses expunged as meaningful relief for constitutional violation |
Key Cases Cited
- Neb. Rev. Stat. v. Borst, 281 Neb. 217 (Neb. 2011) (probable cause standard and warrantless searches in Nebraska context)
- New Jersey v. T. L. O., 469 U.S. 325 (U.S. 1985) (two-part test for school searches: inception and scope; reasonable grounds)
- Morse v. Frederick, 551 U.S. 393 (U.S. 2007) (school-discipline authority at school-sponsored events; limits when off-premises)
- In re Interest of Michael R., 11 Neb. App. 903 (Neb. App. 2003) (Nebraska application of reasonable suspicion standard to student searches)