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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 recent Florida court decision provides an example of a textbook case of an unconstitutionl student search. The key distinction from the "New Jersey vs. TLO" case (a student search found to be constitutional) is that the teacher who searched the students had no reasonable cause. (MD)
Descriptors: Constitutional Law, Court Litigation, Search and Seizure, Secondary Education
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

Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1985
The U.S. Supreme Court's recent decision in New Jersey vs. T.L.O. suggests the legality of student searches by school officials should not depend on strict adherence to the probable cause standard, but on its reasonableness of suspicion and scope. (DCS)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Privacy

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

Kelly, Cynthia A. – Update on Law-Related Education, 1978
Presents a six-step model to help teachers develop curriculum related to the Fourth Amendment (search and seizure). The model focuses on determining values and attitudes, defining valid and unreasonable search and seizure, recognizing a valid warrant, and using film to teach about search and seizure. Journal available from the American Bar…
Descriptors: Curriculum, Educational Assessment, Educational Objectives, Legal Education

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

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
Dowling-Sendor, Benjamin – American School Board Journal, 2003
A decision by the 8th U.S. Circuit Court of Appeals in a case from Minnesota illustrates the difficulties schools face in deciding when and how to search a student for possible weapons or drugs. Case shows courts tend to give school officials a measure of flexibility when applying the law. Advises board members and administrators to consult with…
Descriptors: Court Litigation, Drug Use, Elementary Secondary Education, School Law

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
Franklin, David L. – American School and University, 1985
The United States Supreme Court's first decision on student search and seizure required that school officials have reasonable cause in conducting a search in order to enforce school rules or counter a threat to the school environment. Not analyzed was when a search will be considered intrusive. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public Schools
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