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,…

In his 2004 State of the Union address, President George W. Bush described drug testing as "an effective part" of an "aggressive, community-based strategy to reduce demand for illegal drugs" (as cited in Lineburg, Alexander, & Sughrue, 2006 [emphasis added]). His statement fueled debate about the role of U.S. public schools…

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)

This article reviews court decisions concerning drug testing among prisoners, military personnel, public employees, and school employees. Fourth Amendment considerations of unreasonable search and seizure are discussed. In developing drug testing policies school districts must review these decisions in order to both protect individual rights and…

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…

Concerns over students' and staff members' safety in public schools continue to mount-- manifested in zero-tolerance policies, stringent disciplinary practices, and efforts to implement drug-screening programs. Although "reasonable suspicion" for searches and drug testing is the watchword, courts cannot agree on definitions. Legalities…

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…

An award-winning law student article discusses the implications of a court decision concerning the legality of student searches on campus and the need for institutions to review their policies and attitudes toward increased scrutiny of student life. (MSE)

Legal points school officials must consider before conducting student searches are reviewed. Some courts have viewed school personnel as agents of the state, subject to all Fourth Amendment limitations. Most, however, have tended to support the doctrine of in loco parentis, permitting some searches on grounds of less than probable cause. (PP)