Cell phones have become a major part of our lives, and as such, they have presented new problems for school officials. This dissertation explores the current status of Fourth Amendment Law and how courts are applying the law to the search and seizure of cell phones in schools, by reviewing cases regarding search and seizure of electronic devices,…

Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation's history. He traces four reasons for this growing intersection…

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…

Criminal justice students preparing at the university level will be required to possess knowledge and understanding of applicable constitutional law, rights and responsibilities upon entering their profession to ensure the competent execution of the duties of which they will be entrusted to perform. Students majoring in the criminal justice field…

Disruptive students potentially pose significant problems for campus administrators as they strive to maintain a safe campus environment conducive to learning while not violating the legal rights of the students. Maintaining a safe campus is important because increasing numbers of students with mental and cognitive disorders are enrolling in…

Courts have long held that public school teachers are "state actors" when they carry out the duties of their job. Despite this, very few teacher preparation programs include an education law class. In order to understand teachers' legal literacy, a survey was given to 300 public school teachers in Indiana. The survey assessed knowledge…

Advances in digital networked communication technology over the last two decades have brought the issue of personal privacy into sharper focus within contemporary public discourse. In this dissertation, I explain the Fourth Amendment and the role that privacy expectations play in the constitutional protection of personal privacy generally, and…

This paper examines the use of cameras in self-contained special education classrooms. It begins with an examination of the legal framework used when administrators are contemplating the implementation of video surveillance within the classroom. It gives a brief summary of the Family Educational Rights and Privacy Act, Individuals with…

One central controversy with youth sexting is that adolescents may be prosecuted under child pornography and obscenity statutes that were originally created to protect children from sexual exploitation perpetrated by adults and do not adequately address consensual teen behavior. Due to this concern, many states have implemented laws specifically…

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…

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…

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…

Maintaining a safe, orderly learning environment is a significant challenge for education leaders, especially when students insist on bringing alcohol, weapons, and drugs into schools. To compound that challenge, educators who wish to uncover contraband must do so within the confines of the Fourth Amendment's prohibition against unreasonable…

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…

In response to the terrorist attacks of 9/11, the USA PATRIOT Act greatly expanded the ability of the Federal Bureau of Investigation to use National Security Letters (NSLs) in investigations and the contexts in which they could be used by relaxing the standards under which NSLs could be employed. NSLs allow investigators to acquire a significant…