Develops three views of the theory underlying the probable cause requirement of the Fourth Amendment. The advantage of the approach based on the rights prohibition of violent intrusions is that it provides standards based on the individual conduct rather than on governmental acts. Available from UCLA Law Review, 405 Hilgard Avenue, Los Angeles,…

Highlights some areas of Fourth Amendment doctrinal inconsistencies in Supreme Court decisions and recommends how these inconsistencies can and should be resolved. Available from School of Law, University of Oregon, Eugene, Oregon 97403. (Author/IRT)

Although the law generally allows administrators to search lockers, this should not be viewed as a carte blanche right. Students do have some ownership rights, particularly with regard to other students. School officials are charged by the state with operating the schools and safeguarding the health, welfare, and safety of students and school…

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)

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…

When Congress reasonably decides that warrantless administrative inspections are necessary to effectuate its acts, and the acts provide privacy safeguards as effective as those provided by a judicially issued administrative search warrant, Congress's decision should be respected. Available from Arkansas Law Review, School of Law, University of…

Four distinct classes of cases are the recognized exceptions to the requirement of warrants for searches: emergency inspections, plain view, consensual, and the "Colonnade-Biswell" exception for pervasively regulated industries. Available from the Ohio State University School of Law, 1659 North High Street, Columbus, Ohio 43210; $3.50…

The Fourth Amendment search and seizure law is one of the most technical and difficult areas in all of law to understand. Some Fourth Amendment Supreme Court cases are discussed. (RM)

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)

Presents a lesson plan for teaching about gangs and the Fourth Amendment of the U.S. Constitution. Includes a handout and discussion questions and identifies sources for further reading. (SG)

Presents an essay examining homeless shelter residents' freedom from unreasonable searches. Reviews the historical background of the Fourth Amendment's ban on unreasonable search and seizure. Explores factors considered when determining what is "reasonable." Analyzes the concepts of standing, what constitutes a home, and consent.…

In New Jersey vs. T.L.O. (1985) the Supreme Court clarified and limited the student's Fourth Amendment rights against "unreasonable searches and seizures." When school officials act alone and on their own authority, they need not obtain a warrant but may conduct a search based on the lesser standard of "reasonableness." (LHW)

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…

Washington's State Supreme Court held unconstitutional a secondary school's routine search of the luggage of all students participating in a school-sponsored overnight trip. Such general searches are not permitted, and schools can find other means of ensuring good student discipline. (PGD)

Although problems of drug abuse, bomb threats, theft, and concealed weapons sometimes make search and seizure necessary, the student's rights must be protected through proper legal procedures. The article presents guidelines for conducting locker and personal searches and for educating students, teachers, and administrators on student rights. (DS)