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…

Argues that while the Privacy Protection Act of 1980 appears to reverse the "Zurcher v. Stanford Daily" decision, loopholes may permit some newsroom searches. (FL)

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…

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…

Reviews court decisions concerning search and seizure, intervisitation between sexes, canvassing and solicitation, and damage assessments. College administrators must rely on fairness, ethics and sound educational philosophies in the design of policies affecting residence halls. (JAC)

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)

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)