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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
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
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

Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1985
The U.S. Supreme Court's recent decision in New Jersey vs. T.L.O. suggests the legality of student searches by school officials should not depend on strict adherence to the probable cause standard, but on its reasonableness of suspicion and scope. (DCS)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Privacy
Rossow, Lawrence F.; Stubblefield, Brenda L. – West's Education Law Quarterly, 1992
Unanimous U.S. Court of Appeals for the Sixth Circuit upheld the strip search of a student. Since first case was decided in 1973, no other court has been willing to uphold this highly intrusive search method. Asks why the Sixth Circuit is willing to set aside what has been the concern of the judiciary for the past several decades. (MLF)
Descriptors: Court Litigation, High Schools, School Law, School Safety
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

Glass, Thomas E. – Planning and Changing, 1987
In "New Jersey v. T.L.O." (1985), the U.S. Supreme Court reduced the evidentiary standard applying to search and seizure by school officials from "probable cause" to "reasonable suspicion." However, search of students should be done only when absolutely necessary (for safety or "order" reasons), and a…
Descriptors: Court Litigation, Elementary Secondary Education, Legal Problems, School Policy

Majestic, Ann L. – School Law Bulletin, 1985
Discusses the Supreme Court's findings affecting searches by schools in "New Jersey vs. T.L.O.," reviews earlier school search cases, and explores the factors and circumstances the courts have considered in applying the "reasonableness" standard for assessing when a school's need for maintaining order outweighs a student's…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Privacy
Flygare, Thomas J. – Phi Delta Kappan, 1985
Reviews the United States Supreme Court's findings in "New Jersey vs. T.L.O.," a case hinging on the reasonableness of a school official's search of a student's purse. Cites several issues that remained unresolved after the decision and argues that the court could have been more helpful. (PGD)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Privacy
Bjorklun, Eugene C. – West's Education Law Quarterly, 1995
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…
Descriptors: Court Litigation, Federal Courts, Police School Relationship, School Law
Majestic, Ann L.; And Others – Executive Educator, 1995
Regarding school searches, courts have provided guidelines balancing individual students' rights against the larger school community's rights. Administrators are bound by the Fourth Amendment, which stresses reasonable grounds of suspicion and related circumstances. Strip searches, metal detectors, hidden cameras, and locker searches may meet…
Descriptors: Administrator Responsibility, Court Litigation, Legal Problems, Privacy

Shepard, Jon – School Law Bulletin, 1993
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.…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public Schools
Stefkovich, Jacqueline A. – 1992
The Fourth Amendment to the U.S. Constitution guarantees "the right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures" by governmental officials. In a 1985 Supreme Court decision, "New Jersey v. TLO," students' privacy rights in public schools are afforded a lower…
Descriptors: Federal Courts, High Schools, Public Schools, School Law

Sanchez, J. M. – Journal of Law and Education, 1992
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…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy
Zirkel, Perry A. – Phi Delta Kappan, 1999
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…
Descriptors: Court Litigation, Drug Use Testing, High Schools, Privacy