ERIC Number: ED203426
Record Type: Non-Journal
Publication Date: 1981
Reference Count: N/A
Search and Seizure in the Public Schools.
Brammer, J. William, Jr.
Chapter 5 in a book on school law reviews the law governing search and seizure in the public school setting. Three types of searches illustrate problems encountered by school personnel: the search of a student's person, including the "strip search"; the search of a vehicle; and the search of a school newspaper room. Recent case law indicates that searches by school officials constitute state action and are subject to the Fourth Amendment. Standards to be applied to school searches are the "probable cause" standard and the "reasonable suspicion" standard. Warrants are not required when a school is pursuing its legitimate interest in maintaining a safe environment. School officials should proceed with a search only on the basis of reasonable suspicion. Police involvement prior to the search requires use of the probable cause standard. The more intrusive the search, the higher the standard required. Generally, blanket searches and strip searches, except in the most extraordinary and exigent circumstances should be avoided. If the problem is sufficiently serious, such as a student "pushing" drugs, it would be wise to contact the police and allow them to proceed. (Author/MLF)
Descriptors: Court Litigation, Elementary Secondary Education, Illegal Drug Use, Parent School Relationship, Police School Relationship, Public Schools, School Districts, School Newspapers, Search and Seizure, Student Rights
Not available separately; see EA 013 472.
Publication Type: Books; Information Analyses; Legal/Legislative/Regulatory Materials
Education Level: N/A
Authoring Institution: National Organization on Legal Problems of Education, Topeka, KS.
Identifiers - Laws, Policies, & Programs: Fourth Amendment