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Showing 1 to 15 of 45 results Save | Export
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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
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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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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
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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
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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
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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
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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
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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
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
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Majestic, Ann L. – School Law Bulletin, 1985
Discusses the Supreme Court's findings affecting searches by schools in "New Jersey vs. T.L.O.," reviews earlier school search cases, and explores the factors and circumstances the courts have considered in applying the "reasonableness" standard for assessing when a school's need for maintaining order outweighs a student's…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Privacy
Flygare, Thomas J. – Phi Delta Kappan, 1985
Reviews the United States Supreme Court's findings in "New Jersey vs. T.L.O.," a case hinging on the reasonableness of a school official's search of a student's purse. Cites several issues that remained unresolved after the decision and argues that the court could have been more helpful. (PGD)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, Privacy
Majestic, Ann L.; And Others – Executive Educator, 1995
Regarding school searches, courts have provided guidelines balancing individual students' rights against the larger school community's rights. Administrators are bound by the Fourth Amendment, which stresses reasonable grounds of suspicion and related circumstances. Strip searches, metal detectors, hidden cameras, and locker searches may meet…
Descriptors: Administrator Responsibility, Court Litigation, Legal Problems, Privacy
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Ferraraccio, Michael – Journal of Law and Education, 1999
Asks whether proponents' justifications for using metal detectors to counteract school violence are compelling enough to override students' privacy interests. Concludes that there are serious constitutional concerns raised by using metal detectors. The rationale for upholding school searches in other contexts does not apply to metal-detector…
Descriptors: Court Litigation, Elementary Secondary Education, Privacy, Public Schools
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
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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
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