ERIC Number: EJ929564
Record Type: Journal
Publication Date: 2008
Abstractor: As Provided
Reference Count: N/A
Fourth Amendment Update: The Supreme Court and Strip Searches--"Safford Unified School District No. 1 v Redding"
Russo, Charles J.
Education and the Law, v20 n3 p289-297 2008
In light of the dramatic increase in the presence of weapons, violence, drugs, and other contraband in schools, school officials in the United States and England face significant challenges as they seek to maintain safe and orderly learning environments. Almost twenty five years after the United States Supreme Court's 1985 ruling in "New Jersey v. T.L.O." allowed educational officials to search student lockers and property in order to keep schools safe, the Justices addressed the more delicate matter of strip searches for contraband such as drugs. In "Safford Unified School District No. 1 v. Redding" ("Redding"), the Court invalidated the strip search of a student for drugs but left the door open for the possibility of allowing searches for weapons under some circumstances. In light of remaining unanswered questions after "Redding," this article reviews the background on the Fourth Amendment, earlier cases on student searches in American public schools, "Redding" in detail, and reflects on unanswered questions in its wake in the hope of shedding light on the propriety of strip searches of students. (Contains 39 notes.)
Descriptors: Constitutional Law, Public Schools, Search and Seizure, Student Rights, Court Litigation, Federal Courts
Publication Type: Journal Articles; Reports - Evaluative
Education Level: Elementary Secondary Education
Authoring Institution: N/A
Identifiers - Laws, Policies, & Programs: Fourth Amendment; New Jersey v TLO