On December 21, 1911, Fremont Weeks, an employee of the Adams Express Company, was arrested while on the job at Union Station in Kansas City, Missouri. Police suspected that Weeks was selling and "transmitting chances" in a lottery, which at the time was considered gambling, an illegal action in Missouri. While Weeks was being held at…

As Internet-based communications and interactions by and between students and school staff become more prevalent, an appreciation of school rules for student behavior is important. Students carry electronic devices, sending and receiving communications inside and outside school, so two key questions exist regarding search and seizure of such…

Courts generally rule against drug testing of public employees. A urine sample represents "unreasonable search" under the Fourth Amendment. Testing unreliability was illustrated in "Jones v. McKenzie." Factual, "reasonable suspicion" must exist for judicial approval. Tests do not resolve employee drug abuse;…

A current United States Supreme Court case will determine constitutional guidelines for school administrators in searching students for drugs and other school contraband. Thus far, the New Jersey Supreme Court has established a demanding standard for warrantless searches of students and their property, requiring respect for students'"valid…

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…

Although the Federal courts have not yet decided any cases involving search and seizure of student's property, various State courts have ruled that the Fourth Amendment protects students from "unreasonable" searches by school officials. However, the courts have generally applied a less stringent standard in justifying searches by school…

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…

The Fourth Amendment protects an individual's justified expectations of privacy against unreasonable government intrusions; however, reasonable intrusions are allowed when legitimate governmental interests are served. This volume is intended to provide guidelines for school administrators on how to conduct searches and seizures in a manner…