Fourth Amendment Implications of Interviewing Suspected Victims of Abuse in School

Authors

Jennifer Kwapisz

Document Type

Note

Abstract

(Excerpt)

This Note argues that in-school interviews of children regarding child abuse constitute seizures under the Fourth Amendment and that such seizures are unconstitutional absent a warrant, consent, or exigent circumstances. Part I of this Note provides a basic background of Fourth Amendment seizures and discusses the Fourth Amendment's role in the context of child abuse investigations. Part II examines the controversy surrounding in-school interviews of suspected child abuse victims and the implications of such interviews for children's Fourth Amendment rights. Part III proposes a rule for in-school interviews consistent with Fourth Amendment principles. It also demonstrates how such a rule answers the Supreme Court's questions about in-school child abuse interviews that arose in the recent case of Camreta v. Greene, and how it may be translated into guidelines for child protective agencies.