Search & Seizure in the Public Schools (4th Edition, Monograph Series #87)

Lawrence F. Rossow & Jacqueline A. Stefkovich (2014) (4th ed.)

Paperback, 124 pages

Monograph #87

ISBN-10: 1-56534-157-0

ISBN-13: 978-1-56534-157-9

Search and seizure in the public schools has long been a problem for both school authorities and law-enforcement officers. Students have also been known to have been deprived of their constitutional rights. Much of the problem stems from a lack of clarity in the application of the Fourth Amendment to the school setting. This monograph was written to provide a clear understanding of the standards presented by the Supreme Court in New Jersey v. T.L.O., as well as answers to the issues left unresolved by the decision. The monograph also suggests some practical ways of applying search and seizure law to situations in the school setting.

Table of Contents

Chapter 1. Introduction

Chapter 2. Students’ Rights and the Fourth Amendment

Source of Search & Seizure Law

Privacy Rights of Students

Chapter 3. The Reasonableness Standard for Personal Student Searches

Applying the reasonableness standard in T.L.O.

Elaborating on the Two-pronged TestL TIPS Formula

Reasonable Suspicion

Reasonale Scope

Chapter 4. Other Considerations

Penalities

Police Involvement

Seizures under the Fourth Amendment

Common Errors

Chapter 5. Searches for Drugs and Drug Testing

Searching Students for Posession of Drugs

Drug Testing of Students

Chapter 6: Searches Involving Technology

Summary

Conclusions and Recommendations