ERIC Number: ED399893
Record Type: Non-Journal
Publication Date: 1996-Jun-16
Reference Count: N/A
Campus Life and Government Investigations.
Shekleton, James F.
This paper discusses the proper way to conduct official government investigations on college campuses within the framework of the Fourth Amendment to the United States Constitution which protects against unreasonable searches and seizures. The article emphasizes that this amendment lays the groundwork for the limitations on the exercise of governmental power to inspect the property or to detain members of the populace. After discussing various facets of this application of the Fourth Amendment to search and seizure on college campuses, the article argues that, as a practical matter, universities should review their search policies to assure that they will remain within the special needs doctrine and to devise procedures that fit the contours of special needs jurisprudence. The article refers to various court decisions in the course of the discussion to buttress the author's arguments. The author further argues that university policy should carefully limit the scope of warrantless searches, e.g., the grounds for entering a room, the contraband sought, would determine what portions of the room could reasonably be searched. Many laws and court cases are cited throughout. (CK)
Publication Type: Legal/Legislative/Regulatory Materials; Opinion Papers; Speeches/Meeting Papers
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Fourth Amendment