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…

As Internet-based communications and interactions by and between students and school staff become more prevalent, an appreciation of school rules for student behavior is important. Students carry electronic devices, sending and receiving communications inside and outside school, so two key questions exist regarding search and seizure of such…

School administrators are expected to balance the need for school safety and good order with the rights of students to be free of unreasonable search of their person and property. This balance can be particularly difficult when over-the-counter or prescription drugs are involved. This article summarizes a recent U.S. Supreme Court decision that…

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…

The Fourth Amendment to the U.S. Constitution protects the people of the United States from unreasonable searches and seizures. On first reading, these protections seem clearly defined. The amendment was meant to protect Americans from the kinds of random searches and seizures that the colonists experienced under British colonial rule. Under…

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…

In a California case involving a 16-year-old girl's possession of three knives on school grounds, both a trial and Ninth Circuit court affirmed the school vice-principal's right to search and discover these weapons while enforcing a no-smoking policy. The court lectured parents and lawyers for wasting the court's time--especially after a juvenile…

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…

Every year, a few administrators mishandle school searches and create spectacles similar to the New Castle, Pennsylvania, incident involving six illegally strip-searched students. Principals using "cops-and-robber" techniques to unearth contraband may not realize the potential for infringing on students' constitutional privacy rights.…

Discusses case law regarding schools and strip searches of students, and offers five generalizations regarding the matter. (SR)

This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…

A federal district judge dismissed a suit brought by two students against a high-school principal who found marijuana in their hotel room on a senior class trip. Although the Fourth Amendment governs searches of students by school employees, employees need not have probable cause for a "reasonable" search. (MLH)

Notes that students' legitimate expectations of privacy and school officials' need to maintain school discipline and safety often collide. Outlines guidelines for searching in the following instances: student lockers; drug dogs; student trips; strip searches; and urinalysis. Suggests that training for all administrators, faculty, and staff in the…

Reviews the Supreme Court student search policy in relation to a recent decision concerning a Pima County, Arizona, high school student search that revealed cocaine but was found to be an illegal search. Also reviews the lower court decision in "Loudermill v. Cleveland Board of Education," which found that the school had provided its…

The Supreme Court ruling that public school officials can search a student is examined. Two upcoming Supreme Court cases regarding whether a school board can refuse to hire a homosexual teacher and the constitutionality of an Alabama law that allows for a minute of silence for voluntary prayer or meditation are also discussed. (RM)