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)

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)

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)…

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…

A sample student code developed by the Phi Delta Kappan Commission of Administrative Behaviors Supportive of Human Rights. (DW)

Provides a moot court activity in which secondary students re-enact the U.S. Supreme Court case "California v. Greenwood," concerning the exclusionary rule and the privacy of a citizen's trash. Students role-play Supreme Court justices and attorneys to gain an understanding of how appellate courts operate. (LS)

Focuses on the recent application and interpretation of the Fourth Amendment to school children. Discusses the amendment in regard to the relationship between school authorities and children, students' legitimate expectation of privacy, reasonableness in justification of a search, issues of mass mandatory screening, and requirements of due process…

Suggests that it is necessary to protect the privacy of government procedures that could compromise security, yet there is also a need to revise and fine-tune legislation that expands government authority. Asserts that all major corrections in the delicate balance between public safety and civil rights typically require corrections themselves. (NB)

Examines whether Fourth Amendment of United States Constitution applies to relationship between student athlete and educational institution and whether drug testing is illegal search and seizure in violation of the amendment. Suggests that institutions strike an appropriate balance between helping student athletes protect their own health, while…

The goals of this learning packet are to: (1) increase understanding of the Soviet system; (2) enhance appreciation of U.S. constitutionally guaranteed rights; and (3) inform students of how governmental policies of both nations are reflected in the lives of ordinary people. The 17 reproducible lessons are designed to present: (1) the philosophy…

Traditionally, the public schools have been primarily within the domain of local administrators; however, over the past two decades, the courts have become involved more and more in decisions that affect daily operational procedures of the schools. The purpose of this paper is to examine current issues in educational law, including suspension,…

Although the Federal courts have not yet decided any cases involving search and seizure of student's property, various State courts have ruled that the Fourth Amendment protects students from "unreasonable" searches by school officials. However, the courts have generally applied a less stringent standard in justifying searches by school…

In this booklet, the Council of Supervisors and Administrators of the City of New York seeks to offer hope that teachers' and principals' capacity for the reasonable exercise of authority has not been exhausted. There is a body of legal opinion that supports the authority of the principal in disciplinary matters. It is a misconception that a…

The standards and commentary in this volume are part of a series designed to cover the juvenile justice system and its relationship to the rights and responsibilities of juveniles. This volume on public education is addressed to legislators, courts, lawyers, educators, parents, students, and the general public. The volume proposes standards…