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ERIC Number: ED342066
Record Type: RIE
Publication Date: 1991
Pages: 14
Abstractor: N/A
Reference Count: N/A
The Fourth Amendment in the Public Schools: Issues for the 1990's and Beyond. Presentation Outline.
Schreck, Myron
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: (1) the nature of reasonable suspicion and reasonable scope; (2) individualized suspicion, including student drug testing, canine sniffing for drugs, and magnetometer searches; (3) desks, lockers, and automobiles; (4) strip searches; (5) police involvement; (6) consent searches and undercover agents; (7) electronic surveillance; and (8) the exclusionary rule. Relevant cases are cited after each subtopic; in addition, the unresolved and controversial legal issues before the courts are discussed. Considering the nature of reasonable suspicion and reasonable scope, courts have generally upheld school searches and seizures: however, courts have invalidated school searches when school officials failed to describe in detail the particular facts of "suspicious behavior." (44 references) (MLF)
Publication Type: Legal/Legislative/Regulatory Materials; Guides - Non-Classroom; Speeches/Meeting Papers
Education Level: N/A
Audience: Administrators; Practitioners
Language: English
Sponsor: N/A
Authoring Institution: N/A
Identifiers: Fourth Amendment; New Jersey v TLO; Supreme Court
Note: Paper presented at the Annual Meeting of the National Organization on Legal Problems of Education (37th, Orlando, FL, November 22-24, 1991).