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Murray, Kenneth T. – 2002
This paper examines the practice of search and seizure from a legal perspective. All issues concerning lawful or unlawful search and seizure, whether in a public school or otherwise, are predicated upon the Fourth Amendment to the United States Constitution. The terms "search,""seizure,""probable…
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, Federal Courts
Peer reviewed Peer reviewed
Morrison, David E. – Duke Law Journal, 1976
The issue examined is whether those unique characteristics of the university environment that have led to the development of a judicially-sanctioned general regulatory power will automatically render a warrantless disciplinary search "reasonable" within the terms of the fourth amendment. (LBH)
Descriptors: Civil Liberties, Constitutional Law, Discipline, Dormitories
Peer reviewed Peer reviewed
Medlin, Kay Cowden – Louisiana Law Review, 1976
The protection afforded a minor student by the fourth amendment is perhaps open to some speculation due to his age and the unique situation presented by the school environment. The search and seizure issue is discussed in terms of the findings in several court cases. For journal availability see HE 508 741. (LBH)
Descriptors: Civil Liberties, Constitutional Law, Court Litigation, Drug Abuse
Peer reviewed Peer reviewed
Journal of Law and Education, 1996
The Supreme Court, in "Vernonia School District 47J versus Acton," ruled that a school district's policy authorizing random urinalysis drug testing of student-athletes did not violate the Fourth Amendment. Discusses the decision and why such a policy is permissible under the Fourth Amendment's prohibition against unreasonable searches…
Descriptors: Athletes, Court Litigation, Drug Use Testing, Extramural Athletics
Sendor, Benjamin – American School Board Journal, 1996
When school employees investigate alleged misconduct by students, they must follow school rules and federal and state laws. A school-locker search in a recent case from Indiana--"S.A. versus State"--illustrates the importance of employees and students knowing the rules governing investigations, and of specific employees being given the…
Descriptors: Court Litigation, Elementary Secondary Education, Public Schools, School Law
Dowling-Sendor, Benjamin – American School Board Journal, 2000
A federal district judge dismissed a suit brought by two students against a high-school principal who found marijuana in their hotel room on a senior class trip. Although the Fourth Amendment governs searches of students by school employees, employees need not have probable cause for a "reasonable" search. (MLH)
Descriptors: Court Litigation, Discipline, Drug Use, Field Trips
Peer reviewed Peer reviewed
Essex, Nathan L. – Clearing House, 2004
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…
Descriptors: Student Rights, Police, Crime, Court Litigation
Schreck, Myron – 1991
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:…
Descriptors: Court Litigation, Drug Use Testing, Elementary Secondary Education, Federal Courts
Chapman, David W.; And Others – 1986
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…
Descriptors: Administrator Attitudes, Administrators, Court Litigation, Federal Courts
Peer reviewed Peer reviewed
Bouvard, Jacques; Bouvard, Marguerite Guzman – Society, 1975
Discusses the making of a satisfactory national policy on the collection and dissemination of information on persons, noting that random facts about an individual when aggregated and interrelated with other facts, form a composite "data profile" from which one can draw conclusions and make decisions: an incomplete or improperly balanced profile…
Descriptors: Civil Liberties, Civil Rights, Computers, Constitutional Law
Washington State Legislature, Olympia. – 1970
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)
Descriptors: Behavior, Court Litigation, Discipline, Discipline Policy
Brightman, Richard W. – 1971
A project was devised to develop study materials for a computer-assisted instruction (CAI) course in police training, to develop computerized case problems, and to evaluate the effectiveness of the learning materials as compared with conventional classroom instruction in the same subject areas. Both an experimental group (police cadets at Golden…
Descriptors: Computer Assisted Instruction, Conventional Instruction, Educational Programs, Independent Study
Hammond, Edward H.; Vaught, Thomas M. – Viewpoints, 1976
Court litigation concerning search and seizure has made clear that a university cannot violate the individual Fourth and Fifth Amendment rights of the student and that prior judicial review must take place--either by an external magistrate (for court-admissible evidence) or institutional judiciary (for student disciplinary action). (MB)
Descriptors: Civil Rights, Court Litigation, Dormitories, Educational Problems
Phay, Robert E. – Yearbook of School Law, 1972
Reviews 1972 State and Federal court decisions relating to student rights, corporal punishment, sex education, student fees, and pupil transportation. (JF)
Descriptors: Court Litigation, Dress Codes, Due Process, Fees
Miller, Thomas E.; And Others – Southern College Personnel Association Journal, 1979
Reviews court decisions concerning search and seizure, intervisitation between sexes, canvassing and solicitation, and damage assessments. College administrators must rely on fairness, ethics and sound educational philosophies in the design of policies affecting residence halls. (JAC)
Descriptors: Administrators, College Housing, Compliance (Legal), Court Litigation
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