Cell phones have become a major part of our lives, and as such, they have presented new problems for school officials. This dissertation explores the current status of Fourth Amendment Law and how courts are applying the law to the search and seizure of cell phones in schools, by reviewing cases regarding search and seizure of electronic devices,…

Although, at one time, many observers believed that the courts and the schools should have little to do with each other, Justin Driver argues that the public school has, in recent decades, served as the single most significant site of constitutional interpretation in the nation's history. He traces four reasons for this growing intersection…

This study examined federal and state court decisions related to student Fourth Amendment rights following the "New Jersey v. T.L.O." ruling in 1985. There has been minimal research in judicial treatment of students' Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly…

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…

In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New…

Public schools have transformed significantly over the past several decades in response to broad concerns about rising school violence. Today's public schools are high security environments employing tactics commonly found in jails and prisons such as police officers, security cameras, identification systems, and secure building strategies.…

Examines law enforcement expansion in schools and public school children's vanishing Fourth Amendment rights. Increased violence has led to increased security, and lawmakers have made it easier to punish students as adults for many offenses traditionally handled informally by teachers. Discusses gaps between the new school security culture and…

In his 2004 State of the Union address, President George W. Bush described drug testing as "an effective part" of an "aggressive, community-based strategy to reduce demand for illegal drugs" (as cited in Lineburg, Alexander, & Sughrue, 2006 [emphasis added]). His statement fueled debate about the role of U.S. public schools…

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…

In the April 1999 issue of this journal, Michael Ferraraccio argues that the justifications advanced for using metal detectors in schools are not sufficiently compelling to outweigh students' Fourth Amendment privacy rights. In the accompanying Counterpoint, Robert Johnson cites lower court cases to support the constitutionality of their used on a…

In "New Jersey v. T.L.O.," the Supreme Court determined that public school searches must meet a two-pronged reasonableness standard. Search must be "justified at its inception" and be "reasonably related in scope to the circumstances." Examines factors that courts have found important in applying the T.L.O. standard.…

In DesRoches v Caprio, federal district court ruled in favor of Jim DesRoches who had decided not to consent to a search of his backpack for a pair of allegedly stolen sneakers. Judge Robert G. Doumar decided the need to find the stolen sneakers did not outweigh the students' privacy interest and offered guidelines about school searches for stolen…

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…

The Principal's Legal Handbook contains information and recommendations for practice in four areas. Section 1, "Students and the Law," yields interesting and informative answers on a number of issues related to students and the law: recent issues in schools relative to students' rights; the use of technology; and the latest case law and…