The problem is the widespread practice by many campuses in defining community membership in ways that deny their students the civil liberties and civil rights all other Americans are guaranteed. Thus, when forty-year old veterans enroll for even one part-time course, they may find that First and Fourteenth Amendment rights existing off campus no…

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)

In "New Jersey v. T.L.O." (1985), the U.S. Supreme Court reduced the evidentiary standard applying to search and seizure by school officials from "probable cause" to "reasonable suspicion." However, search of students should be done only when absolutely necessary (for safety or "order" reasons), and a…

Reviews court cases related to search of students and extracts guiding principles administrators can use to reconcile the students' legitimate privacy interests with the educational necessities of the school. (JM)

The Fourth Amendment to the U.S. Constitution guarantees "the right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures" by governmental officials. In a 1985 Supreme Court decision, "New Jersey v. TLO," students' privacy rights in public schools are afforded a lower…

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.…

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…

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)

This article examines the role of technology in an attempt to curb school violence. Despite an increasing national focus on school violence and schools' growing desire for hardware to deal with the problem, the role of technology in making schools safer remains ill-defined and undecided. However, some educators caution that the use of technology…

In recent years, public school students have been searched with metal detectors and occasionally sniffed by dogs or strip searched. Their lockers and bookbags have been searched, and their urine has been tested for drugs--all in the name of school safety. This article explores the legal ramifications of such searches and calls for a critical…

Concerns over students' and staff members' safety in public schools continue to mount-- manifested in zero-tolerance policies, stringent disciplinary practices, and efforts to implement drug-screening programs. Although "reasonable suspicion" for searches and drug testing is the watchword, courts cannot agree on definitions. Legalities…

Questions whether school officials are justified by the Fourth Amendment in searching students and/or student lockers in public schools. Various case studies are discussed as examples to consider in deciding about responsibilities, powers, and limitations of school officials, and in determining student rights. Journal availability see: SO 507 249.…

Presents issues regarding search and seizure in residence halls and suggests some policies that may be used until the law is clarified. Examples include use of a search warrant for routine safety inspection, in emergencies, when students give permission, or when evidence is in plain view. (JAC)

The Supreme Court in 1985 first addressed the issue of balance between a student's right to privacy as stated in the Fourth Amendment and school officials' need to maintain safety. This chapter summarizes the case, explores the meaning of the court opinion, and briefly discusses other issues. The case involved a 14-year-old girl (T.L.O.) whose…

With the alarming increase in drugs and weapons on American school campuses, teachers and school officials have stepped up their efforts to search lockers, other school property, and sometimes the students themselves. School officials must remember that any search of a student creates a Fourth Amendment issue. Thus, it is important to know the…