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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.
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
