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…

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…

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…

The United States Supreme Court's first decision on student search and seizure required that school officials have reasonable cause in conducting a search in order to enforce school rules or counter a threat to the school environment. Not analyzed was when a search will be considered intrusive. (MLF)

In 1985, the United States Supreme Court, in "New Jersey v. T.L.O.," held that the Fourth Amendment applies to searches and seizures conducted by public school administrators. This paper discusses the current state of Fourth Amendment law with regard to public school searches and seizures. Among the subtopics discussed are the following:…

Unlike most school-security strategies, search and seizure procedures can be largely determined by studying landmark court cases. The U.S. Supreme Court set standards for conducting school searches in "New Jersey v. T.L.O." (1985) and for drug testing student athletes in "Vernonia School District v. Acton" (1995). School…

In examining student searches from a critical theory perspective, one considers who is being searched, who does the searching and by what authority, and how searching reinforces existing power structures. This article addresses these questions and related concepts (discipline, criminal/deviant behavior, punishment, and rehabilitation) by applying…

Comments on an article in the Summer 1992 issue of this journal (EJ 454 315) in which Professor J. M. Sanchez examined 18 decisions regarding student searches and concluded that the "T.L.O." decision made it possible to practically expunge the Fourth Amendment from American public schools. Introduces article by Lawrence Rossow (EA 530…

In contrast with J. M. Sanchez's article in the Summer 1992 issue of this journal, suggests that the "T.L.O." decision marks the full-fledged beginning, not the virtual end, of Fourth Amendment privacy rights of students. (MLF)

Educators concerned about school safety have resorted to searching students, their lockers, and their possessions. These searches have led to litigation over whether the Fourth Amendment's prohibition of unreasonable searches and seizures applies to public schools. Although courts have upheld reasonable searches, administrators should carefully…

Discusses federal district court decision dismissing suit brought by three Texas high school students claiming that their Fourth and Fourteenth Amendment rights were violated when police, at request of administrators, entered school and rounded up, handcuffed, and detained them and 11 other students who "hung out" with a student arrested…

Reviews a recent case involving searches of student lockers from the Washington State Court of Appeals. According to this decision the Supreme Court's two criteria of reasonableness in student searches ("New Jersey v. T.L.O.") also apply to student lockers and may apply to searches of student desks, cars, and clothing. (MD)

In the "New Jersey vs. T.L.O." decision the Supreme Court clarified the law concerning student searches. Reviews two recent California cases illustrating how courts are interpreting the Supreme Court decision in a way that upholds reasonable student searches. (MD)

In recent years, public school students have been searched with metal detectors and occasionally sniffed by dogs or strip searched. Their lockers and bookbags have been searched, and their urine has been tested for drugs--all in the name of school safety. This article explores the legal ramifications of such searches and calls for a critical…

Examines state and federal court decisions from 1985 to 1993 involving students' claims that their constitutional rights were violated by school officials who conducted searches without reasonable suspicion. Discusses what constitutes reasonable suspicion, information provided by student informants, and outcomes of the cases. (MLF)