As before, the camera did not record any thefts. Leon Horne of the Tacoma Education Association sent a letter dated October 6 to Superintendent Shoemake complaining that the audio recording violated the Washington Privacy Act, RCW 9.73.030. Dr. Shoemake replied on October 9 pledging to abide by the Privacy Act as it related to audio recordings, but made no similar commitment regarding video recordings. When the school suspected that a crime had been committed, it should have called the police. This is true for a number of reasons.
Police have experience and training in investigative techniques.
Most important for purposes of our discussion here, police receive instruction and training regarding the legal and constitutional limits on governmental searches. The method of investigation chosen by Jefferson officials in this case violated a number of these laws. Constitutional protection from unreasonable search and seizure The Washington Court of Appeals recently reminded schools that they are bound by the federal and state constitutions as regards search and seizure. The Fourth Amendment to the U.S. Constitution and the Washington Constitution, article I, section 7, protect people from unreasonable searches and seizures and invasions of privacy. In New Jersey v. T.L.O. , the United States Supreme Court held that school authorities may conduct a warrantless search of a student without probable cause if the search is reasonable under all the circumstances.