ERIC Number: ED113838
Record Type: RIE
Publication Date: 1975
Reference Count: N/A
Search and Seizure in the Public School Context.
Sharp, Robert K.
The present state of litigation on search and seizure will permit the warrantless search of a school locker by a school official who has reasonable suspicion that it contains something illegal, if he acts without the intrusion of the police. From the first and last search cases cited herein, it is abundantly clear that school officials exceed their authority when they subject students to strip searches and that they will be held accountable under assault and battery and civil rights theories if they conduct or allow such searches. As Gault and Tinker made clear, minor children who are enrolled in the public schools are citizens who retain their constitutional rights, even within the confines of the school environment. (Author)
Descriptors: Administrator Responsibility, Civil Liberties, Court Litigation, Elementary Secondary Education, Legal Responsibility, Police School Relationship, Search and Seizure, Student Rights, Supreme Court Litigation
Available only as part of complete document, see EA 007 648
Publication Type: Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Note: Chapter 3 of EA 007 648