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Fossey, Richard – Journal of College and University Student Housing, 2018
College students who reside in campus dormitories at public universities have a reasonable expectation of privacy in their dorm rooms that is protected by the fourth amendment; and officials cannot search these rooms for law enforcement purposes without a valid warrant. Non-students, however, have no such reasonable expectation of privacy in…
Descriptors: College Students, Public Colleges, Privacy, Dormitories
Robelen, Erik W. – Education Week, 2009
As it weighs the high-profile case of a 13-year-old girl strip-searched at school, the U.S. Supreme Court is grappling with where to draw the line between protecting student privacy rights and allowing school officials to take steps to ensure a safe environment. During oral arguments, several of the justices seemed sympathetic to the challenges…
Descriptors: School Nurses, Drug Use, Search and Seizure, Privacy
Essex, Nathan – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2010
Strip searches should be considered searches of last resort based on the intrusive nature of the search and the resulting impact it may have on a student. It is well established by the courts that as the intrusiveness of the search intensifies, the standard of the Fourth Amendment reasonably approaches probable cause which is a higher standard…
Descriptors: Public Schools, Search and Seizure, Human Body, Student Rights
Torres, Mario S., Jr.; Callahan, Jamie L. – Education and Urban Society, 2008
This study explores the court system's treatment of students' Fourth Amendment rights in cases emerging from contrasting minority school settings and whether discrepancies exist in case outcomes between these extremes. From virtually every search and seizure case that occurred between the 1985 U.S. Supreme Court case in "New Jersey v.…
Descriptors: Courts, Search and Seizure, Court Litigation, Psychological Patterns
Torres, Mario S., Jr.; Stefkovich, Jacqueline A. – Educational Administration Quarterly, 2009
Purpose: A factor largely overlooked amid the press for greater security in schools is the extent to which law enforcement participates in search and seizure and the implications such actions carry for student civil liberties. As case law suggests, police engaged in school searches may be held to the probable cause standard or the more flexible…
Descriptors: Educational Environment, Law Enforcement, Police, Intervention
Staros, Kari; Williams, Charles F. – Social Education, 2007
The Fourth Amendment to the U.S. Constitution protects the people of the United States from unreasonable searches and seizures. On first reading, these protections seem clearly defined. The amendment was meant to protect Americans from the kinds of random searches and seizures that the colonists experienced under British colonial rule. Under…
Descriptors: Search and Seizure, Court Litigation, Constitutional Law, Privacy
O'Dell, Christine; O'Hara, Kathryn – Journal of School Nursing, 2007
The purpose of this study was to determine school nurses' knowledge of state and school district policies, their experience regarding the administration of rectal diazepam gel in the school, and the perceived benefits and barriers of providing this treatment. Four hundred nineteen nurses responded to a survey conducted during the National…
Descriptors: Intervention, School Nurses, Seizures, Privacy
Flygare, Thomas J. – Phi Delta Kappan, 1979
The legality of warrantless searches of students depends on the kind of search that takes place and what happens to any evidence obtained during the search. (Author/IRT)
Descriptors: High School Students, Privacy, Search and Seizure, Secondary Education
Essex, Nathan L. – Education and the Law, 2005
The Fourth Amendment to the US Constitution provides protection of all citizens against unreasonable search and seizure. The US Supreme Court has affirmed that the basic purpose of the Fourth Amendment is to safeguard the privacy and security of individuals against unreasonable intrusive searches by governmental officials. Since students possess…
Descriptors: Student Rights, Privacy, Public Schools, Search and Seizure

Johnson, Jeffery L.; Crowley, Donald W. – Educational Theory, 1986
In New Jersey v. T.L.O., the Supreme Court found that students have a right to personal privacy but that school officials need not obtain warrants to conduct searches if suspicion of wrongdoing is reasonable. The authors argue that the Court undervalues privacy and that students' right to privacy should be increased. (MT)
Descriptors: Elementary Secondary Education, Privacy, School Policy, Search and Seizure
Burkoff, John M. – Oregon Law Review, 1979
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)
Descriptors: Civil Liberties, Constitutional Law, Privacy, Search and Seizure

Zirkel, Perry A.; Gluckman, Ivan B. – NASSP Bulletin, 1985
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)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Privacy

Atwater, Tony – Journalism Quarterly, 1983
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)
Descriptors: Court Litigation, Due Process, Freedom of Speech, Journalism
Zirkel, Perry A. – Principal, 2000
In a federal case involving a vice-principal's pat-down search of middle-school students in a cafeteria (for a missing pizza knife), the court upheld the search, saying it was relatively unintrusive and met "TLO's" reasonable-suspicion standards. Principals need reasonable justification for searching a group. (Contains 18 references.)…
Descriptors: Administrator Responsibility, Court Litigation, Middle Schools, Principals

Fisher, Margaret – Update on Law-Related Education, 1988
Uses a discussion of the U.S. Constitution's Fourth Amendment and a case study entitled "Search and Seizure at a Rock Concert" to teach secondary students about privacy, property, and justice. Examines exceptions to the Fourth Amendment and describes "probable cause" as it relates to searches. (GEA)
Descriptors: Case Studies, Law Related Education, Lesson Plans, Privacy