The problem is the widespread practice by many campuses in defining community membership in ways that deny their students the civil liberties and civil rights all other Americans are guaranteed. Thus, when forty-year old veterans enroll for even one part-time course, they may find that First and Fourteenth Amendment rights existing off campus no…

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…

Reviews court cases related to search of students and extracts guiding principles administrators can use to reconcile the students' legitimate privacy interests with the educational necessities of the school. (JM)

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.…

By upholding a student's refusal to provide a urine sample, the Seventh Circuit Court correctly avoided further erosion of the Fourth Amendment's privacy principle. In "New Jersey v T.L.O." (1995), the U.S. Supreme Court shrunk the probable-cause standard to reasonable suspicion in the special context of public schools, retaining the…

Based on past court litigation, this publication summarizes students' rights concerning search and seizure, exceptions to these rights, and the legal effects of violating these rights. Administrative recommendations are made. (MLF)

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)

In recent years, public school students have been searched with metal detectors and occasionally sniffed by dogs or strip searched. Their lockers and bookbags have been searched, and their urine has been tested for drugs--all in the name of school safety. This article explores the legal ramifications of such searches and calls for a critical…

In a case involving questionable canine search-and-seizure practices, a circuit court upheld a school board's decision to terminate a teacher's contract. While touting zero tolerance, the board fired an honored teacher 3 years from retirement who may not have known about the marijuana cigarette in her car. (MLH)

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)

The Supreme Court in 1985 first addressed the issue of balance between a student's right to privacy as stated in the Fourth Amendment and school officials' need to maintain safety. This chapter summarizes the case, explores the meaning of the court opinion, and briefly discusses other issues. The case involved a 14-year-old girl (T.L.O.) whose…

With the alarming increase in drugs and weapons on American school campuses, teachers and school officials have stepped up their efforts to search lockers, other school property, and sometimes the students themselves. School officials must remember that any search of a student creates a Fourth Amendment issue. Thus, it is important to know the…

In "New Jersey v. T.L.O." the U.S. Supreme Court held that the prohibitions of the Fourth Amendment regarding unreasonable searches and seizures apply to student searches and seizures conducted by public school officials. However, the Court said the legality of a search should depend upon "reasonableness, under the…

Legal points school officials must consider before conducting student searches are reviewed. Some courts have viewed school personnel as agents of the state, subject to all Fourth Amendment limitations. Most, however, have tended to support the doctrine of in loco parentis, permitting some searches on grounds of less than probable cause. (PP)

School administrators are challenged to maintain the delicate balance between protecting individuals' rights and ensuring the general welfare by maintaining a safe, secure learning environment. Legal principles and precedents governing restrictions on student appearance, privacy and procedural rights, harassment and hate crimes, and suicide are…