This paper reviews the application of the Fourth Amendment, which protects persons against unreasonable search and seizure, as it applies to the student-college relationship. The topics discussed in terms of federal and state court decisions include warrantless searches, delegation of authority to conduct searches, notice of identity and purpose…

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…

As a means of providing additional search warrant protection for the news media and others engaged in public communications, the United States Congress adopted the "Privacy Protection Act of 1980." Legal and documentary research conducted over a period of two years has revealed a potential defect of the statute relating to the court…

Noting that there are no easy answers when a photojournalist is subjected to a legal request for his or her work products from governmental officials, this paper examines how state and federal laws and court decisions have both enhanced and inhibited a photojournalist's right to protect negatives, photographs, films, and videotapes from government…

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…

United States immigration statutes and administration policy are not in line with the standards of due process as guaranteed by the Constitution. In addition, reform of these statutes has lagged far behind advances made in other areas of civil rights. (Author/EB)

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…

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:…

Legal guidelines to help public school administrators make informed choices in situations that may require student searches are provided in this paper. The constitutional basis of the issue is first discussed, noting that school officials are not required to obtain a search warrant or to have probable cause. A review of Supreme Court decisions…

The legal rights of college students have changed substantially over the years, particularly during the 20th century. This paper provides a historical sketch of student rights, including a listing of significant events and cases, from the founding of Harvard College in 1636 to the bicentennial of the Constitution and the 50th anniversary of the…

Like other institutions, schools are occupied by people whose duties and liberties are in conflict. Understanding the Bill of Rights can help resolve school problems as well as major social problems outside the court system. Students should value the first eight constitutional amendments as not tied to majority rule and should study them…

This article examines the effects of the "Acton" decision, a Supreme Court ruling that upheld random urinalysis of secondary-school students who participate in extracurricular athletics. The paper focuses on cases involving general (mass) searches, "medical assessment" searches, strip searches, and drug testing. Although the…

The present state of litigation on search and seizure will permit the warrantless search of a school locker by a school official who has reasonable suspicion that it contains something illegal, if he acts without the intrusion of the police. From the first and last search cases cited herein, it is abundantly clear that school officials exceed…

Students do not leave their constitutional rights at the boundary of the school grounds. We would never send anyone to prison without a trial; to a lesser degree, expulsions and suspensions are in the same category. Your due process procedures should at least give a student (1) notice of the charges, (2) opportunity to be heard, and (3)…

Although most parents want school officials to enforce rules for a drug-free school environment, they often feel differently when their own children are the objects of student searches. This paper argues that as long as searches are directed at "others,"--those who are known or assumed to be guilty of school rule violations or criminal…