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Uhler, Scott F.; Smith, Gregory T. – Education Digest: Essential Readings Condensed for Quick Review, 2012
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…
Descriptors: Students, Handheld Devices, Ownership, Search and Seizure
Stader, David L.; Greicar, Margo B.; Stevens, David W.; Dowdy, Ray – Clearing House: A Journal of Educational Strategies, Issues and Ideas, 2010
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…
Descriptors: School Safety, Administrator Responsibility, Student Rights, Drug Use
Torres, Mario S., Jr.; Callahan, Jamie L. – Education and Urban Society, 2008
This study explores the court system's treatment of students' Fourth Amendment rights in cases emerging from contrasting minority school settings and whether discrepancies exist in case outcomes between these extremes. From virtually every search and seizure case that occurred between the 1985 U.S. Supreme Court case in "New Jersey v.…
Descriptors: Courts, Search and Seizure, Court Litigation, Psychological Patterns
Sendor, Benjamin – American School Board Journal, 1985
A Supreme Court ruling of January 1985 reversed a New Jersey Supreme Court decision of March 1984, which found a student search violated the Fourth Amendment. The reversal by the Supreme Court leaves unanswered some important questions about school searches. (MD)
Descriptors: Court Litigation, Search and Seizure, Secondary Education, Student Rights
Hollister, C. A. – College Management, 1972
Four federal district court findings on the Fourth Amendment rights of college students. (Editor)
Descriptors: Higher Education, School Law, Search and Seizure, Student Rights

Essex, Nathan L. – Clearing House, 2003
Considers how school officials face the delicate task of balancing a student's individual right to Fourth Amendment protection against their duty to provide a safe and secure environment for all students--a major challenge in cases involving intrusive searches. Discusses recent developments involving intrusive searches, previous court rulings…
Descriptors: Evidence (Legal), Search and Seizure, Secondary Education, Student Rights
Giermanski, James R. – College and University Business, 1973
College officials must understand and respect student rights when it comes to search and seizure. (Editor/HS)
Descriptors: Higher Education, Law Enforcement, Laws, Search and Seizure
Pedrini, Bonnie C.; Pedrini, D. T. – 1974
The Fourth Amendment to the United States Constitution guarantees the right of people to be secure against unreasonable searches and seizures. The privacy of individuals, including students, is therefore protected, but only after considering the interests of society. This simulated case study explores what happens when there is an alleged conflict…
Descriptors: Case Studies, Discipline, Legal Problems, Search and Seizure
Bacigal, Ronald J. – Akron Law Review, 1974
It appears that university officials will be forced to recognize a student's right to privacy in a dormitory room. (PG)
Descriptors: College Housing, Dormitories, Due Process, Higher Education

Phay, Robert E.; Rogister, George T., Jr. – Journal of Law and Education, 1976
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)
Descriptors: Civil Liberties, Court Litigation, Elementary Secondary Education, School Law

Bartlett, Larry – Clearing House, 1986
Cautions that while the decision of the Supreme Court in "New Jersey vs. T.L.O." did affirm the authority of school officials to search students under some circumstances, it did not give them unfettered authority to search students. (FL)
Descriptors: Administrator Role, Court Litigation, Elementary Secondary Education, School Law

Essex, N. L. – Clearing House, 1988
Discusses how to determine whether a school-related search is reasonable. Suggests 10 guidelines to avoid suits over illegal searches. Recommends that school authorities exercise extreme care to protect themselves against suits alleging Constitutional violations. (MS)
Descriptors: Constitutional Law, Court Litigation, Elementary Secondary Education, School Law

Foldesy, George; King, Dan – Clearing House, 1995
Discusses case law regarding schools and strip searches of students, and offers five generalizations regarding the matter. (SR)
Descriptors: Court Litigation, Elementary Secondary Education, Legal Problems, School Law
Gluckman, Ivan, Ed. – 1979
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)
Descriptors: Court Litigation, Due Process, School Policy, School Responsibility

Avery, Charles W.; Simpson, Robert J. – Journal of Law and Education, 1987
Provides a model of search and seizure procedures available to public school officials and a discussion of the legal liability and risks involved in the use of the different procedures. Discusses probable cause, warrant requirements, and reasonable suspicion. Includes an appendix with a sample search and seizure policy. (MD)
Descriptors: Civil Rights, Court Litigation, Crime, Due Process