Discusses how the constitutional prohibition of unreasonable search and seizure applies to searches of students and their property by school officials, as indicated by recent court decisions. Most of the cases examined were decided by state courts, since federal courts have not generally been involved in this area. (JG)

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)

Students do not leave their constitutional rights at the boundary of the school grounds. We would never send anyone to prison without a trial; to a lesser degree, expulsions and suspensions are in the same category. Your due process procedures should at least give a student (1) notice of the charges, (2) opportunity to be heard, and (3)…

This paper discusses the proper way to conduct official government investigations on college campuses within the framework of the Fourth Amendment to the United States Constitution which protects against unreasonable searches and seizures. The article emphasizes that this amendment lays the groundwork for the limitations on the exercise of…

The issue of search and seizure in the public schools is clouded by conflicting legal decisions. School policies and rules on the issue should be made only after considerable deliberation and community input. Because of the lack of clarity, this model of search and seizure policy and rules is intended only as a basis for consideration of the…

Focuses on the recent application and interpretation of the Fourth Amendment to school children. Discusses the amendment in regard to the relationship between school authorities and children, students' legitimate expectation of privacy, reasonableness in justification of a search, issues of mass mandatory screening, and requirements of due process…

Examines whether Fourth Amendment of United States Constitution applies to relationship between student athlete and educational institution and whether drug testing is illegal search and seizure in violation of the amendment. Suggests that institutions strike an appropriate balance between helping student athletes protect their own health, while…

Although the Federal courts have not yet decided any cases involving search and seizure of student's property, various State courts have ruled that the Fourth Amendment protects students from "unreasonable" searches by school officials. However, the courts have generally applied a less stringent standard in justifying searches by school…

In this booklet, the Council of Supervisors and Administrators of the City of New York seeks to offer hope that teachers' and principals' capacity for the reasonable exercise of authority has not been exhausted. There is a body of legal opinion that supports the authority of the principal in disciplinary matters. It is a misconception that a…

This monograph attempts to provide clear understanding of the standards presented by the Supreme Court in "New Jersey v. T.L.O." relative to search and seizure in public schools, and suggests practical ways of applying search and seizure law to situations in the school setting. ("T.L.O." are the initials of the anonymous…

The increased presence of drugs and weapons in schools has forced school officials to step up searches of students, lockers, and school property. The landmark case of "New Jersey vs. TLO" set standards concerning reasonable suspicion and reasonable searches. School officials must be familiar with recent court opinions on student…

These materials include the script for a mock trial in which students are asked to role play the participants in a case based on the facts of New Jersey v. T.L.O., 469 U.S. 325 (1985). The case raised questions involving a students' rights to protection against unreasonable searches and seizures under the Fourth Amendment and schools' needs to…

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…

This book, addressed directly to students, defines the scope of school officials' power to regulate students' lives and these officials' responsibilities to provide services and protection to students. The chapters outline the law in specific areas, but they all reflect a common theme: school officials can make and enforce only reasonable rules of…

This analysis of the research outlines the history of the conflict over student rights--a conflict that has its basis in American political and social philosophy. The author views the tension between those who favor the expansion of civil rights for students and those who advocate a return to discipline based on the in loco parentis doctrine as…