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)

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)

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.…

The issue examined is whether those unique characteristics of the university environment that have led to the development of a judicially-sanctioned general regulatory power will automatically render a warrantless disciplinary search "reasonable" within the terms of the fourth amendment. (LBH)

The protection afforded a minor student by the fourth amendment is perhaps open to some speculation due to his age and the unique situation presented by the school environment. The search and seizure issue is discussed in terms of the findings in several court cases. For journal availability see HE 508 741. (LBH)

Discusses the making of a satisfactory national policy on the collection and dissemination of information on persons, noting that random facts about an individual when aggregated and interrelated with other facts, form a composite "data profile" from which one can draw conclusions and make decisions: an incomplete or improperly balanced profile…

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)

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)

Examines the role of the friend of the court, ("amicus curiae"), by discussing the filing of a brief in a drug testing case currently under consideration by the U.S. Supreme Court. Explores the issue of drug testing for employment; suggests possible outcomes; and provides 10 discussion questions for use with students. (KO)

Presents a lesson plan for grades 4-6 which illustrates the concepts of privacy, property, and search and seizure. Calls upon students to recognize that individual property and society's need for security may conflict. Uses seven cases to help students learn and identify legal search and seizure procedures. (GEA)

Presents the majority and the dissenting opinions of the Supreme Court justices in their 1978 decision regarding the 1971 police search of the Stanford University student newspaper office. (GT)

This paper discusses the proper way to conduct official government investigations on college campuses within the framework of the Fourth Amendment to the United States Constitution which protects against unreasonable searches and seizures. The article emphasizes that this amendment lays the groundwork for the limitations on the exercise of…

The issue of search and seizure in the public schools is clouded by conflicting legal decisions. School policies and rules on the issue should be made only after considerable deliberation and community input. Because of the lack of clarity, this model of search and seizure policy and rules is intended only as a basis for consideration of the…