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Flygare, Thomas J. – Phi Delta Kappan, 1984
Reviews the status of Supreme Court deliberations in questions surrounding a New Jersey school's search of a student's purse. The state courts found the search unreasonable and reversed a lower court decision. (MD)
Descriptors: Court Litigation, Elementary Secondary Education, Search and Seizure
Sendor, Benjamin – American School Board Journal, 1985
A Supreme Court ruling of January 1985 reversed a New Jersey Supreme Court decision of March 1984, which found a student search violated the Fourth Amendment. The reversal by the Supreme Court leaves unanswered some important questions about school searches. (MD)
Descriptors: Court Litigation, Search and Seizure, Secondary Education, Student Rights
Peer reviewed Peer reviewed
Allred, Stephen – School Law Bulletin, 1987
Examines Fourth Amendment legal issues involved in drug testing of public employees. Discusses several recent court cases involving probable cause and reasonable suspicion to determine appropriate standards for individual situations. Outlines implications for public employers. Blanket drug testing is not permissable, though job applicants have…
Descriptors: Court Litigation, Drug Use, Due Process, Government Employees
O'Hara, Julie Underwood – Executive Educator, 1983
Reviews court cases related to search of students and extracts guiding principles administrators can use to reconcile the students' legitimate privacy interests with the educational necessities of the school. (JM)
Descriptors: Administrator Responsibility, Court Litigation, Elementary Secondary Education, School Policy
Peer reviewed Peer reviewed
Daly, Joseph L. – Update on Law-Related Education, 1985
The Fourth Amendment search and seizure law is one of the most technical and difficult areas in all of law to understand. Some Fourth Amendment Supreme Court cases are discussed. (RM)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Elementary Secondary Education
Peer reviewed Peer reviewed
Donahue, Simone A. – Update on Law-Related Education, 1991
Presents a lesson plan for teaching about gangs and the Fourth Amendment of the U.S. Constitution. Includes a handout and discussion questions and identifies sources for further reading. (SG)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Juvenile Gangs
Dowling-Sendor, Benjamin – American School Board Journal, 1998
In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…
Descriptors: Discipline, Due Process, Federal Courts, High Schools
Sendor, Benjamin – American School Board Journal, 1987
Discusses two recent court cases highlighting the legal pitfalls facing mandatory drug testing programs for teachers and students. In both cases, the courts contended that blanket testing policies violated Fourth Amendment protection from unreasonable search and seizure. Testing of individual teachers and students (under reasonable suspicion) may…
Descriptors: Courts, Drug Abuse, Drug Use, Elementary Secondary Education
Peer reviewed Peer reviewed
Glickman, Suzin – Update on Law-Related Education, 1992
Presents an essay examining homeless shelter residents' freedom from unreasonable searches. Reviews the historical background of the Fourth Amendment's ban on unreasonable search and seizure. Explores factors considered when determining what is "reasonable." Analyzes the concepts of standing, what constitutes a home, and consent.…
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Due Process
Schreck, Myron – 1991
In 1985, the United States Supreme Court, in "New Jersey v. T.L.O.," held that the Fourth Amendment applies to searches and seizures conducted by public school administrators. This paper discusses the current state of Fourth Amendment law with regard to public school searches and seizures. Among the subtopics discussed are the following:…
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Federal Courts
Peer reviewed Peer reviewed
Cover, Marilyn – Update on Law-Related Education, 1985
How the law deals with the question of "Should students have rights in school?" is examined. One specific area of possible rights in schools--the question of searches of students by school officials--is discussed in depth. (RM)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Peer reviewed Peer reviewed
Repa, Barbara Kate; Daly, Joseph L. – Social Education, 1985
In New Jersey v. T.L.O., a case argued in 1984, the Supreme Court was asked to decide whether incriminating evidence found by a school assistant princial during the search of a student's purse can be used in a criminal trial. Issues, facts, background, and arguments of the case are provided. (RM)
Descriptors: Civics, Civil Rights, Court Litigation, Instructional Materials
Minnesota House of Representatives, St. Paul. Research Dept. – 1989
This document examines the Fourth Amendment as the source of search and seizure law; drug testing of school employees; and drug testing searches of students. The United States Supreme Court case that established the two-part test to determine the legality of a student search is discussed, three separate student drug testing programs that have been…
Descriptors: Constitutional Law, Court Litigation, Drug Use Testing, Educational Legislation
Peer reviewed Peer reviewed
Hayman, Robert; Kassouf, George – Update on Law-Related Education, 1985
The Supreme Court ruling that public school officials can search a student is examined. Two upcoming Supreme Court cases regarding whether a school board can refuse to hire a homosexual teacher and the constitutionality of an Alabama law that allows for a minute of silence for voluntary prayer or meditation are also discussed. (RM)
Descriptors: Court Litigation, Educational Legislation, Elementary Secondary Education, Homosexuality
Van Geel, Tyll – 1986
The Supreme Court in 1985 first addressed the issue of balance between a student's right to privacy as stated in the Fourth Amendment and school officials' need to maintain safety. This chapter summarizes the case, explores the meaning of the court opinion, and briefly discusses other issues. The case involved a 14-year-old girl (T.L.O.) whose…
Descriptors: Court Litigation, Due Process, Elementary Secondary Education, Legal Responsibility
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