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…

Cell phones and the use of social media have changed the environment in schools, and principals recognize all too well that new technology is almost always accompanied by new ways to misuse or abuse that technology. The addition of a camera to cell phones has unfortunately been accompanied with the serious problem of "sexting" by youth…

Over the past several decades, mandatory random student drug testing (MRSDT) has emerged as a form of genuine high-stakes testing. Embroiled in litigation and controversies, stakeholders have been searching for a balance between ensuring rights and maintaining the safety and wellbeing of students. Historical elements to the question of allowing…

On December 21, 1911, Fremont Weeks, an employee of the Adams Express Company, was arrested while on the job at Union Station in Kansas City, Missouri. Police suspected that Weeks was selling and "transmitting chances" in a lottery, which at the time was considered gambling, an illegal action in Missouri. While Weeks was being held at…

As it weighs the high-profile case of a 13-year-old girl strip-searched at school, the U.S. Supreme Court is grappling with where to draw the line between protecting student privacy rights and allowing school officials to take steps to ensure a safe environment. During oral arguments, several of the justices seemed sympathetic to the challenges…

As Internet-based communications and interactions by and between students and school staff become more prevalent, an appreciation of school rules for student behavior is important. Students carry electronic devices, sending and receiving communications inside and outside school, so two key questions exist regarding search and seizure of such…

School administrators are expected to balance the need for school safety and good order with the rights of students to be free of unreasonable search of their person and property. This balance can be particularly difficult when over-the-counter or prescription drugs are involved. This article summarizes a recent U.S. Supreme Court decision that…

At the end of 2005, Robert D. Felner was riding high. A well-paid dean at the University of Louisville, he had just secured a $694,000 earmarked grant from the U.S. Department of Education to create an elaborate research center to help Kentucky's public schools. The grant proposal, which Mr. Felner had labored over for months, made some impressive…

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…

This article discusses a recent case decided by the U.S. Supreme Court which highlights the importance of having specific suspicions of misbehavior before conducting a strip search. The case involves an eighth-grade female student who was being strip-searched by a middle school assistant principal, a school nurse, and an administrative assistant…

The Supreme Court's preview is presented in this article. During the 2006-07 Supreme Court term, it was the 5-4 decisions that garnered the most attention. Twenty-four of the term's 72 cases were decided by this narrowest of margins--the highest percentage of 5-4 opinions in a decade--even as the share of unanimous opinions fell "below levels seen…

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…

This paper addressed the need for continued awareness on the part of Educational Administrators as to their legal responsibilities as instructional leaders and custodians of the students under their supervision. Research revealed that school administrators unknowingly are violating the law everyday. Courts are keeping a close eye on school…