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Helfer, Erica Tina – Saint Louis University Law Journal, 1979
"Renfrow" represents an aberration in the law. The court offered no relief against a patently unlawful practice involving the search of thousands of innocent children. Available from William S. Hein & Co., 1285 Main Street, Buffalo, NY 14209. (Author/IRT)
Descriptors: Adolescents, Children, Constitutional Law, Court Litigation
Dowling-Sendor, Benjamin – American School Board Journal, 2003
A decision by the 8th U.S. Circuit Court of Appeals in a case from Minnesota illustrates the difficulties schools face in deciding when and how to search a student for possible weapons or drugs. Case shows courts tend to give school officials a measure of flexibility when applying the law. Advises board members and administrators to consult with…
Descriptors: Court Litigation, Drug Use, Elementary Secondary Education, School Law

Essex, N. L. – Clearing House, 1988
Discusses how to determine whether a school-related search is reasonable. Suggests 10 guidelines to avoid suits over illegal searches. Recommends that school authorities exercise extreme care to protect themselves against suits alleging Constitutional violations. (MS)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, School Law
Trotter, Andrew – Executive Educator, 1995
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.…
Descriptors: Administrator Responsibility, Court Litigation, Legal Problems, Principals

Foldesy, George; King, Dan – Clearing House, 1995
Discusses case law regarding schools and strip searches of students, and offers five generalizations regarding the matter. (SR)
Descriptors: Court Litigation, Elementary Secondary Education, Legal Problems, School Law

Sanchez, J. M. – Journal of Law and Education, 1992
Reviews 18 criminal cases decided by state appellate courts that have applied standards set forth by U.S. Supreme Court in "New Jersey v. T.L.O" which defined extent to which public school officials could constitutionally search students and their property. Contends Supreme Court made it possible for state courts to practically expunge…
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Privacy

Glickman, Suzin – Update on Law-Related Education, 1992
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.…
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Due Process

Bailey, Kirk A. – Psychology in the Schools, 2001
Discusses how predicting violent activity with a youth violence profile in school raises legal concerns focusing on the validity and use of profiles as social science evidence: the impact of potential discrimination, search and seizure, and the implications for privacy. Argues that these issues rest on fundamental concerns about the general…
Descriptors: Legal Responsibility, Predictive Measurement, Privacy, Schools
Zirkel, Perry A. – Phi Delta Kappan, 1999
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…
Descriptors: Court Litigation, Drug Use Testing, High Schools, Privacy
Zirkel, Perry A. – Phi Delta Kappan, 2005
This analysis of a November 2001 case in Botetourt County, Virginia, looks at whether the Fourth Amendment right against an unreasonable "seizure" or the 14th Amendment "liberty" for parents to control the care and custody of their children requires a ban on, or at least immediate notification regarding, detentions of a…
Descriptors: Court Litigation, Constitutional Law, Student Rights, Parent Rights
Gluckman, Ivan, Ed. – 1979
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)
Descriptors: Court Litigation, Due Process, School Policy, School Responsibility
Gim, Benjamin – Bridge, An Asian American Perspective, 1978
United States immigration statutes and administration policy are not in line with the standards of due process as guaranteed by the Constitution. In addition, reform of these statutes has lagged far behind advances made in other areas of civil rights. (Author/EB)
Descriptors: Administrative Policy, Administrative Problems, Constitutional Law, Court Litigation

Avery, Charles W.; Simpson, Robert J. – Journal of Law and Education, 1987
Provides a model of search and seizure procedures available to public school officials and a discussion of the legal liability and risks involved in the use of the different procedures. Discusses probable cause, warrant requirements, and reasonable suspicion. Includes an appendix with a sample search and seizure policy. (MD)
Descriptors: Civil Rights, Court Litigation, Crime, Due Process
Franklin, David L. – American School and University, 1985
The United States Supreme Court's first decision on student search and seizure required that school officials have reasonable cause in conducting a search in order to enforce school rules or counter a threat to the school environment. Not analyzed was when a search will be considered intrusive. (MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Federal Courts, Public Schools
Bertrand, Joseph; Musemeche, Richard A. – School Administrator, 1984
The author reviews court decisions in relation to public school teachers' and administrators' roles in searching and seizing goods belonging to students. The article outlines ways to protect Fourth Amendment guarantees against unreasonable searches. (MD)
Descriptors: Administrator Responsibility, Constitutional Law, Court Litigation, Elementary Secondary Education