ERIC Number: ED281305
Record Type: Non-Journal
Publication Date: 1987
Pages: 46
Abstractor: N/A
ISBN: N/A
ISSN: N/A
EISSN: N/A
Available Date: N/A
Search and Seizure in the Public Schools.
Rossow, Lawrence F.
This monograph attempts to provide clear understanding of the standards presented by the Supreme Court in "New Jersey v. T.L.O." relative to search and seizure in public schools, and suggests practical ways of applying search and seizure law to situations in the school setting. ("T.L.O." are the initials of the anonymous student.) After an introduction, section 2 examines students' rights and the Fourth Amendment, describing the amendment's source and applicability in public schools. The reasonableness standard is examined in the third section, applying the standard to "New Jersey v. T.L.O." and detailing a two-pronged test, the TIPS formula. Taking into account certain variables, the TIPS formula aids in search and seizure decisions by defining reasonable search as comprising two elements: (1) reasonable suspicion, examining the thing to be found and the information source; and (2) reasonable scope, involving the place or person being searched and the measures used in the actual search. (TIPS stands for the thing to be found, the information source, the place or person being searched, and the search methods.) Considerations of penalties, involvement of the police, and common errors are examined in section 4. Section 5 focuses on application of the reasonableness standard after the "New Jersey v T.L.O." case and discusses other cases involving search and seizure and/or drug testing. Sections 6 and 7 contain a summary, and conclusion and remarks, respectively. Included in the monograph are five figures. (WTH)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts, Legal Responsibility, Police Action, Police School Relationship, Privacy, Public Schools, School Personnel, Search and Seizure, Student Rights, Student School Relationship
Publication Sales, National Organization on Legal Problems of Education, Southwest Plaza Building, 3601 S.W. 29th Street, Suite 223, Topeka, KS 66614 ($9.95 plus $1.50 postage and handling, prepaid; actual postage and handling will be added on billed orders).
Publication Type: Guides - Non-Classroom; Legal/Legislative/Regulatory Materials
Education Level: N/A
Audience: Practitioners; Policymakers
Language: English
Sponsor: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Fourth Amendment
Grant or Contract Numbers: N/A
Author Affiliations: N/A