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Fossey, Richard – Journal of College and University Student Housing, 2018
College students who reside in campus dormitories at public universities have a reasonable expectation of privacy in their dorm rooms that is protected by the fourth amendment; and officials cannot search these rooms for law enforcement purposes without a valid warrant. Non-students, however, have no such reasonable expectation of privacy in…
Descriptors: College Students, Public Colleges, Privacy, Dormitories
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Torres, Mario S., Jr. – Journal of School Leadership, 2012
This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly…
Descriptors: Cues, Court Litigation, State Courts, Federal Courts
Uhler, Scott F.; Smith, Gregory T. – Education Digest: Essential Readings Condensed for Quick Review, 2012
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…
Descriptors: Students, Handheld Devices, Ownership, Search and Seizure
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Essex, Nathan – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2010
Strip searches should be considered searches of last resort based on the intrusive nature of the search and the resulting impact it may have on a student. It is well established by the courts that as the intrusiveness of the search intensifies, the standard of the Fourth Amendment reasonably approaches probable cause which is a higher standard…
Descriptors: Public Schools, Search and Seizure, Human Body, Student Rights
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Russo, Charles J. – Education and the Law, 2008
In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…
Descriptors: Constitutional Law, Public Schools, Search and Seizure, Student Rights
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Torres, Mario S., Jr.; Callahan, Jamie L. – Education and Urban Society, 2008
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.…
Descriptors: Courts, Search and Seizure, Court Litigation, Psychological Patterns
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Staros, Kari; Williams, Charles F. – Social Education, 2007
The Fourth Amendment to the U.S. Constitution protects the people of the United States from unreasonable searches and seizures. On first reading, these protections seem clearly defined. The amendment was meant to protect Americans from the kinds of random searches and seizures that the colonists experienced under British colonial rule. Under…
Descriptors: Search and Seizure, Court Litigation, Constitutional Law, Privacy
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Essex, Nathan L. – Education and the Law, 2005
The Fourth Amendment to the US Constitution provides protection of all citizens against unreasonable search and seizure. The US Supreme Court has affirmed that the basic purpose of the Fourth Amendment is to safeguard the privacy and security of individuals against unreasonable intrusive searches by governmental officials. Since students possess…
Descriptors: Student Rights, Privacy, Public Schools, 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
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Essex, Nathan L. – Clearing House, 2003
Considers how school officials face the delicate task of balancing a student's individual right to Fourth Amendment protection against their duty to provide a safe and secure environment for all students--a major challenge in cases involving intrusive searches. Discusses recent developments involving intrusive searches, previous court rulings…
Descriptors: Evidence (Legal), Search and Seizure, Secondary Education, Student Rights
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Crockenberg, Vincent – Teacher Education Quarterly, 1989
The Supreme Court has issued only one decision on a case involving the rights of public school students to be free from unreasonable searches and seizures. The Court's decision, while resolving the crucial issue of the appropriate standard for assessing student searches, left a number of important questions wholly unanswered. (IAH)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Search and Seizure
Splitt, David A. – Executive Educator, 1996
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…
Descriptors: Administrator Responsibility, Court Litigation, Drug Abuse, School Law
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
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Ehrensal, Patricia A. – Educational Administration Quarterly, 2003
Examines legal and ethical ramifications of three roles of school authorities (agents-of-state, custodial, tutelary) legitimated in two Supreme Court decisions: "New Jersey v. T.L.0." (search and seizure) and "Vernonia v. Action" (drug use testing). (Contains 34 references.)(PKP)
Descriptors: Administrator Role, Court Litigation, Drug Use Testing, Elementary Secondary Education
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Stefkovich, Jacqueline A.; Torres, Mario S., Jr. – Educational Administration Quarterly, 2003
Uses combination of legal research, policy analysis, and quantitative research to examine the impact of two Supreme Court decisions, "New Jersey v. T.L.O" and "Vernonia v. Acton," on student Fourth Amendment protection from unreasonable search and seizure. (Contains 1 table, 4 figures, 87 references)(PKP)
Descriptors: Court Litigation, Educational Policy, Elementary Secondary Education, Justice
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