ERIC Number: ED100067
Record Type: Non-Journal
Publication Date: 1975-Jan
Reference Count: N/A
Searches of Students and the Fourth Amendment. School Law Bulletin, Vol. 6, No. 1.
Phay, Robert E.; Rogister, George T., Jr.
Although the Federal courts have not yet decided any cases involving search and seizure of student's property, various State courts have ruled that the Fourth Amendment protects students from "unreasonable" searches by school officials. However, the courts have generally applied a less stringent standard in justifying searches by school officials than in justifying searches by police. When school officials conduct a search of school premises or ask police to conduct a search to determine if a school regulation or criminal statute has been violated, only "reasonable suspicion" is required. If, however, a search conducted jointly by school officials and police is initiated by the police for the primary purpose of seeking evidence of a crime, the more stringent search and seizure standards applicable to criminal cases may apply. whenever school officials conduct a search of a student's property, a witness and the student himself, if possible, should be present. Observance of these safeguards is important since a search that is ruled unlawful may result in the inadmissability of evidence in criminal or school proceedings and, possibly, a civil or criminal liability for school officials. (Author/JG)
Publication Type: Journal Articles
Education Level: N/A
Authoring Institution: North Carolina Univ., Chapel Hill. Institute of Government.
Identifiers - Laws, Policies, & Programs: Fourth Amendment