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…

This study explores the court system's treatment of students' Fourth Amendment rights in cases emerging from contrasting minority school settings and whether discrepancies exist in case outcomes between these extremes. From virtually every search and seizure case that occurred between the 1985 U.S. Supreme Court case in "New Jersey v.…

A recent state appellate court decision, "Commonwealth of Pennsylvania versus Cass," suggests that careless or misguided handling of drug searches (especially random drug-sniffing searches) will not hold up in court. Unless advance warnings are provided, administrators should conduct only narrowly focused searches that satisfy…

Because school lockers are potential hiding places for weapons and drugs, some schools are eliminating them. Searching student lockers on a random basis raises legal questions. Examines the legality of random locker searches based upon the guidelines for student searches set forth by the Supreme Court in "New Jersey v. T.L.O." and lower…

In "New Jersey v. T.L.O.," the Supreme Court determined that public school searches must meet a two-pronged reasonableness standard. Search must be "justified at its inception" and be "reasonably related in scope to the circumstances." Examines factors that courts have found important in applying the T.L.O. standard.…

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…

Discusses how to determine whether a school-related search is reasonable. Suggests 10 guidelines to avoid suits over illegal searches. Recommends that school authorities exercise extreme care to protect themselves against suits alleging Constitutional violations. (MS)

By upholding a student's refusal to provide a urine sample, the Seventh Circuit Court correctly avoided further erosion of the Fourth Amendment's privacy principle. In "New Jersey v T.L.O." (1995), the U.S. Supreme Court shrunk the probable-cause standard to reasonable suspicion in the special context of public schools, retaining the…

A federal district judge dismissed a suit brought by two students against a high-school principal who found marijuana in their hotel room on a senior class trip. Although the Fourth Amendment governs searches of students by school employees, employees need not have probable cause for a "reasonable" search. (MLH)

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:…

Comments on an article in the Summer 1992 issue of this journal (EJ 454 315) in which Professor J. M. Sanchez examined 18 decisions regarding student searches and concluded that the "T.L.O." decision made it possible to practically expunge the Fourth Amendment from American public schools. Introduces article by Lawrence Rossow (EA 530…

In contrast with J. M. Sanchez's article in the Summer 1992 issue of this journal, suggests that the "T.L.O." decision marks the full-fledged beginning, not the virtual end, of Fourth Amendment privacy rights of students. (MLF)

Educators concerned about school safety have resorted to searching students, their lockers, and their possessions. These searches have led to litigation over whether the Fourth Amendment's prohibition of unreasonable searches and seizures applies to public schools. Although courts have upheld reasonable searches, administrators should carefully…

In New Jersey vs. T.L.O. (1985) the Supreme Court clarified and limited the student's Fourth Amendment rights against "unreasonable searches and seizures." When school officials act alone and on their own authority, they need not obtain a warrant but may conduct a search based on the lesser standard of "reasonableness." (LHW)

Argues that school administrators encounter conflicts with the Fourth Amendment when they conduct searches of high school students. Discusses the reluctance of the courts to hold school officials to Fourth Amendment standards; why the Fourth Amendment should apply nonetheless; and an analytical model of how school searches can be accomplished.…