NCJ Number
161361
Date Published
1995
Length
80 pages
Annotation
This book explains the parameters of the law pertinent to various types of searches of students and student personal spaces and property while on school campuses.
Abstract
With the increase of drugs and weapons on school campuses, teachers, administrators, and other school officials have increased their efforts to search lockers, other school property, and even students themselves. Disputed searches are regularly challenged in States courts, and a few, most notably the 1985 landmark case of New Jersey v. T.L.O., have been settled by the U.S. Supreme Court. Despite court-imposed safeguards on students' constitutional rights, schools still have greater leeway in conducting searches than do police officers. In many cases, police officers must have a warrant and meet a "probable-cause" standard to conduct a search. The Fourth Amendment, which protects citizens against unlawful and unreasonable searches, originally presented these two requirements. School officials, however, have successfully demonstrated to the courts that such a stringent requirement would seriously impair the school's ability to maintain discipline and a safe school environment. Because of this, school officials are not required to obtain a warrant and are only obligated to meet a "reasonable-suspicion" standard. This booklet examines legal doctrines that apply to various types of searches on school premises by school personnel using various techniques for a search. Also included are guidelines for conducting a successful search. 11 references and appended examples of various school policies and State legislation regarding searches by school personnel on school grounds