A review of legal decisions provides thought-provoking considerations for administrators who want to deter drug use on campus. The United States Supreme Court has recognized that even a limited search of students is a substantial invasion of privacy, but also that school officials need to maintain school discipline. Guidelines for the…

This paper examines the practice of search and seizure from a legal perspective. All issues concerning lawful or unlawful search and seizure, whether in a public school or otherwise, are predicated upon the Fourth Amendment to the United States Constitution. The terms "search,""seizure,""probable…

To search or not to search is a perplexing issue facing school leaders. On one hand, school officials are responsible for providing a safe and orderly learning environment for all students. On the other hand, they must recognize and respect students' personal rights. Achieving this delicate balance often is difficult for school officials. This…

This article examines the role of technology in an attempt to curb school violence. Despite an increasing national focus on school violence and schools' growing desire for hardware to deal with the problem, the role of technology in making schools safer remains ill-defined and undecided. However, some educators caution that the use of technology…

Focuses on the last 15 years of privacy cases involving students. The cases examined cover the areas of searches, the family relationship, personal autonomy/appearance, and information privacy. (IRT)

Questions whether school officials are justified by the Fourth Amendment in searching students and/or student lockers in public schools. Various case studies are discussed as examples to consider in deciding about responsibilities, powers, and limitations of school officials, and in determining student rights. Journal availability see: SO 507 249.…

The current case law that impacts search and seizure decision making is presented as it is interpreted in matters of policy and procedure in university-owned housing. Implications for the practice of student affairs are discussed as they affect a university's ability both to provide an academic environment and to protect the rights of residents as…

This document examines the Fourth Amendment as the source of search and seizure law; drug testing of school employees; and drug testing searches of students. The United States Supreme Court case that established the two-part test to determine the legality of a student search is discussed, three separate student drug testing programs that have been…

The author traces the history of the applicability to students of the Fourth Amendment, which defines search and seizure of person or property to be illegal without a valid search warrant supported by probable cause. Various court decisions have affirmed students' constitutional rights, but Louisiana is the only state that has held, in a decision,…

This paper presents court cases for the purpose of updating current knowledge on search and seizure of students in the school setting. These cases focus on the balance and interplay between students' Fourth Amendment rights and school administrators' obligations to maintain order and discipline in the schools. Part of this obligation implies…

A survey of 238 Kansas principals, which found searching of students (especially of students with disabilities) not uncommon, is reported. Relevant court litigation is briefly reviewed and lawful guidelines concerning "reasonable suspicion" and "reasonable scope" are explained. (DB)

Chapter 5 in a book on school law reviews the law governing search and seizure in the public school setting. Three types of searches illustrate problems encountered by school personnel: the search of a student's person, including the "strip search"; the search of a vehicle; and the search of a school newspaper room. Recent case law…

Presents issues regarding search and seizure in residence halls and suggests some policies that may be used until the law is clarified. Examples include use of a search warrant for routine safety inspection, in emergencies, when students give permission, or when evidence is in plain view. (JAC)

Reviews Supreme Court case, New Jersey v. T.L.O., that established the right of school officials to conduct searches of students when the purpose is to maintain discipline, order, and safety in the educational setting. The need to have reasonable grounds for suspicion before conducting the search is emphasized. (CR)

School administrators sometimes face circumstances in which student searches seem necessary in order to maintain discipline and provide a safe learning environment. This publication provides an overview of recent court cases related to student searches, in an effort to help school officials anticipate and avoid legal problems while they carry out…