Fourth Amendment Implications of Interviewing Suspected Victims of Abuse in School

(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\u27s 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\u27s 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\u27s 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