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)

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…

Asks whether proponents' justifications for using metal detectors to counteract school violence are compelling enough to override students' privacy interests. Concludes that there are serious constitutional concerns raised by using metal detectors. The rationale for upholding school searches in other contexts does not apply to metal-detector…

After being accused of sexually harassing a student, a high school math teacher in New York was suspended with pay pending an impartial hearing. The district allowed the teacher to return to his classroom to collect his personal effects, which he had kept in boxes, desk drawers, and three filing cabinets, one of which was locked. He did not…

One of the most controversial federal acts providing for random administrative searches is the Occupational Safety and Health Act of 1970 (OSHA). The author reviews the search and seizure law and concludes that abandonment of Fourth Amendment rights should not be predicated on the mere convenience of even a justifiable regulatory scheme. (JT)

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…

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)

Reviews 18 criminal cases decided by state appellate courts that have applied standards set forth by U.S. Supreme Court in "New Jersey v. T.L.O" which defined extent to which public school officials could constitutionally search students and their property. Contends Supreme Court made it possible for state courts to practically expunge…

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.…

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…

This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…

Provides a model of search and seizure procedures available to public school officials and a discussion of the legal liability and risks involved in the use of the different procedures. Discusses probable cause, warrant requirements, and reasonable suspicion. Includes an appendix with a sample search and seizure policy. (MD)

The author reviews court decisions in relation to public school teachers' and administrators' roles in searching and seizing goods belonging to students. The article outlines ways to protect Fourth Amendment guarantees against unreasonable searches. (MD)

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)