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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
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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
Gittins, Naomi E., Ed.; And Others – 1986
This volume of seminar presentations covers a broad range of legal issues affecting public schools. The first chapter summarizes employee free speech developments since "Connick v. Myers" (1983), a United States Supreme Court decision upholding a district attorney's right to dismiss a transferred assistant for circulating a controversial…
Descriptors: Child Abuse, Courts, Disabilities, Elementary Secondary Education
Walenta, Brian T. – 1995
Focusing on current United States Supreme Court decisions affecting the searching of students in school, this report also briefly examines the evolution of the right to education and student freedom of speech. Regarding search and seizure, since 1985 the Court has maintained that school officials are not exempt from the restrictions of the Fourth…
Descriptors: Civil Law, Civil Liberties, Criminal Law, Discipline Policy