Q&A Hero

Question

Case 11.2
High school teacher Nolan Ackerman has been hearing rumors that students at his high school are using illegal drugs. Mr. Ackerman starts watching students in the hallways of the school. He notices that Fred placed a large bag in his school locker when he thought no one was looking. Fred also started to meet with his classmates at the locker and furtively took money in exchange for small plastic bags he took out of the paper bag. Johnny has an adjoining locker with stickers from bands that advocate rock "˜n roll, as well as marijuana use. Mr. Ackerman walked up to Fred and told him to open his locker for an inspection. When Fred grudgingly complied after demanding to see a search warrant, Mr. Ackerman looked into the paper bag and found small plastic bags containing marijuana, which is illegal to possess in this jurisdiction. Johnny, Fred's friend, was standing nearby and Mr. Ackerman told him to open his locker up, as well. Inside, Mr. Ackerman found illegal fireworks and a baggie of marijuana. When Jane, who was standing nearby, protested, Mr. Ackerman told her to open her purse and she refused. Mr. Ackerman took the purse and looked inside, finding her cell phone. He then perused her text messages and saw that she had told her friends that she had bought alcohol, though under age, and was having a party at her house later that week. Mr. Ackerman seized the phone, the purse, the marijuana, fireworks and told Fred, Johnny and Jane to wait in his office while he called the police.

Was Mr. Ackerman's review of Jane's texts lawful?
a. Yes, the search was consistent with the Fourth Amendment.
b. No, school searches can only be conducted by law enforcement.
c. Yes, Mr. Ackerman had reasonable suspicion that Jane possessed illegal drugs. and the text messages were "plain view" evidence.
d. No, Mr. Ackerman lacked reasonable suspicion.

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