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…

In 1985, the United States Supreme Court, in "New Jersey v. T.L.O.," held that the Fourth Amendment applies to searches and seizures conducted by public school administrators. This paper discusses the current state of Fourth Amendment law with regard to public school searches and seizures. Among the subtopics discussed are the following:…

Public secondary school administrators should deduce from the 1985 "New Jersey v. T.L.O." Supreme Court decision that searching students does not violate the Constitutional prohibition against unreasonable searches and seizures when there are reasonable grounds for suspicion. The "Wallace v. Jaffree" case, decided in the same…

This report points up the infringement on student constitutional rights by Washington State public schools. To remedy the situation, the report proposes State legislation guaranteeing the substantive rights of students. The proposed legislation is presented together with explanatory and supportive statements. A related document is EA 003 787. (JF)

Comments on an article in the Summer 1992 issue of this journal (EJ 454 315) in which Professor J. M. Sanchez examined 18 decisions regarding student searches and concluded that the "T.L.O." decision made it possible to practically expunge the Fourth Amendment from American public schools. Introduces article by Lawrence Rossow (EA 530…

In contrast with J. M. Sanchez's article in the Summer 1992 issue of this journal, suggests that the "T.L.O." decision marks the full-fledged beginning, not the virtual end, of Fourth Amendment privacy rights of students. (MLF)

Educators concerned about school safety have resorted to searching students, their lockers, and their possessions. These searches have led to litigation over whether the Fourth Amendment's prohibition of unreasonable searches and seizures applies to public schools. Although courts have upheld reasonable searches, administrators should carefully…

Judicial handling of Fourth Amendment issues arising from warrantless searches of college students' housing has concentrated on the status of the student. The author points out the defects in the status theories which have been used to justify relaxed standards of protection for college students. (Editor)

Reviews a recent case involving searches of student lockers from the Washington State Court of Appeals. According to this decision the Supreme Court's two criteria of reasonableness in student searches ("New Jersey v. T.L.O.") also apply to student lockers and may apply to searches of student desks, cars, and clothing. (MD)

In New Jersey vs. T.L.O. (1985) the Supreme Court clarified and limited the student's Fourth Amendment rights against "unreasonable searches and seizures." When school officials act alone and on their own authority, they need not obtain a warrant but may conduct a search based on the lesser standard of "reasonableness." (LHW)

Washington's State Supreme Court held unconstitutional a secondary school's routine search of the luggage of all students participating in a school-sponsored overnight trip. Such general searches are not permitted, and schools can find other means of ensuring good student discipline. (PGD)

Discusses Fourth Amendment rights against unreasonable searches and seizures in terms of searches made of students and their lockers. (JF)

Argues that school administrators encounter conflicts with the Fourth Amendment when they conduct searches of high school students. Discusses the reluctance of the courts to hold school officials to Fourth Amendment standards; why the Fourth Amendment should apply nonetheless; and an analytical model of how school searches can be accomplished.…

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)

Examines state and federal court decisions from 1985 to 1993 involving students' claims that their constitutional rights were violated by school officials who conducted searches without reasonable suspicion. Discusses what constitutes reasonable suspicion, information provided by student informants, and outcomes of the cases. (MLF)