ERIC Number: ED411600
Record Type: Non-Journal
Publication Date: 1995
Student Searches and the Law: An Administrator's Guide to Conducting Legal Searches on School Campuses.
National School Safety Center, Malibu, CA.
With the alarming increase in drugs and weapons on American school campuses, teachers and school officials have stepped up their efforts to search lockers, other school property, and sometimes the students themselves. School officials must remember that any search of a student creates a Fourth Amendment issue. Thus, it is important to know the language and meaning of the amendment as defined by the case of "New Jersey v. T.L.O." The issue is: What is a reasonable search? This guidebook examines factors that determine a reasonable search; presents the decisions of recent court cases; and explains issues involving the nature of the contraband, student consent, and imminent danger. It also discusses issues involved in conducting various searches: locker, vehicle, strip searches; searches by various officers and searches of visitors; metal detectors; drug testing; and surveillance. The handbook provides guidelines for conducting a successful search and offers a search-and-seizure checklist for fact-gathering and analyzing the Fourth Amendment as applied to a school search. Appendices contain sample school board policies, state statutes, and an article that reviews key court cases related to school-violence policies. (Contains 11 references.) (LMI)
Descriptors: Civil Liberties, Compliance (Legal), Constitutional Law, Court Litigation, Elementary Secondary Education, Evidence (Legal), School Law, School Policy, School Security, Search and Seizure, State Courts, Student Rights
National School Safety Center, 4165 Thousand Oaks Blvd., Suite 290, Westlake Village, CA 91362.
Publication Type: Guides - Non-Classroom
Education Level: N/A
Audience: Administrators; Practitioners
Sponsor: Office of Juvenile Justice and Delinquent Prevention (Dept. of Justice), Washington, DC.
Authoring Institution: National School Safety Center, Malibu, CA.