ERIC Number: ED402210
Record Type: Non-Journal
Publication Date: 1995
Reference Count: N/A
Search and Seizure: Students Rights vs. the School.
Walenta, Brian T.
Focusing on current United States Supreme Court decisions affecting the searching of students in school, this report also briefly examines the evolution of the right to education and student freedom of speech. Regarding search and seizure, since 1985 the Court has maintained that school officials are not exempt from the restrictions of the Fourth Amendment. While the Court argued that students have a right to expect privacy in the school, it also recognized that school officials have the responsibility to insure a safe school environment. School officials do not need to have a search warrant prior to searching a student, but may conduct a search on the basis of reasonable suspicion. This is a lower standard than probable cause, necessary for police searches. Confusion arises when school searches may result in not only school punishment, but also criminal prosecution. When school officials believe criminal proceedings may follow a planned search, the higher standard of probable cause must be applied. An appendix containing tips on conducting a search is included. (Contains 14 references.) (LH)
Descriptors: Civil Law, Civil Liberties, Criminal Law, Discipline Policy, Due Process, Elementary Secondary Education, Freedom of Speech, In Loco Parentis, Law Related Education, Public Schools, School Administration, School Law, School Responsibility, School Security, Search and Seizure, Student Rights, Student School Relationship
Publication Type: Reports - Descriptive
Education Level: N/A
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Bill of Rights; First Amendment; Fourteenth Amendment; Fourth Amendment; United States Constitution