Federal Circuits, 7th Cir. (August 04, 2005)
Docket number: 04-3742
Permanent Link:
http://vlex.com/vid/maimonis-catherine-v-urbanski-p-18427716
Id. vLex: VLEX-18427716
Click here to download this article in graphic format (Acrobat Reader)

U.S. Supreme Court - New Jersey v. T. L. O., 469 U.S. 325 (1985)
Not to be cited per Circuit Rule 53United States Court of AppealsFor the Seventh Circuit Chicago, Illinois 60604Argued April 1, 2005 Decided August 4, 2005BeforeHon. Frank H. Easterbrook, Circuit JudgeHon. Daniel A. Manion, Circuit JudgeHon. Ilana Diamond Rovner, Circuit JudgeNo. 04-3742Catherine Maimonis, Plaintiff-Appellant, Appeal from the United States District Court for the Northern District of Illinois,Eastern Divisionv. No. 04 C 1557Phillip Urbanski, Linda Yonke, David Creech, et al., Charles P. Kocoras, Chief Judge.Defendants-Appellees.O R D E RCatherine Maimonis appeals from the decision of the District Court for the Northern District of Illinois dismissing her complaint that the Elmhurst Community Unit School District No. 205 (§ 1983 claim is an allegation that a state actor violated a personÂ’s rights secured by the Constitution. Catherine asserts two such claims in her “Proposed Second Amended Complaint.” First, she claims that the events leading up to her suspension from school constituted an unreasonable search in violation of the Fourth Amendment. Second, she claims that she was deprived of her right to due process when she was suspended without a formal hearing. We address each claim in turn.A. The Fourth Amendment Claim Catherine claims that UrbanskiÂ’s request to search her purse constituted an unreasonable search because the request was not based on a “reasonable suspicion” that Catherine had violated school rules. To support her claim, Catherine cites Cornfield by Lewis v. Consolidated High School District No. 230, 991 F.2d 1316 (7th Cir. 1993). In that case, we discussed the standard for “evaluating whether a search of a student is constitutional” in light of the Supreme CourtÂ’s decision in New Jersey v. T.L.O., 469 U.S. 325 (1985). Cornfield, 991 F.2d at 1320-21.CatherineÂ’s claim, however, suffers from a very basic flaw: there was no search. Urbanski asked Catherine for permission to search her purse and Catherine refused. A request to search is not a search. Furthermore, while a government official (in this case, a school official) must have some justifiable reason to conduct a search of a personÂ’s property without that personÂ’s permission, that same official does not have to have any reason to simply ask a person for permission to search their property so long as that person recognizes they are free to refuse to consent. See Florida v. Bostick,
Try vLex for FREE for 3 days
Access legal information from United States including:
Try vLex without any commitment for 3 days and see why you need it.
3
days of Free Access