Student Searches & the Law. NSSC Research Paper [microform] / Ronald D. Stephens, Ed
- Bib ID:
- 5505141
- Format:
- Book and Microform
- Author:
- National School Safety Center, Malibu, CA
- Online Version:
- https://eric.ed.gov/?id=ED308095
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- Description:
-
- [Washington, D.C.] : Distributed by ERIC Clearinghouse, 1988
- 23 p.
- Summary:
-
The increased presence of drugs and weapons in schools has forced school officials to step up searches of students, lockers, and school property. The landmark case of "New Jersey vs. TLO" set standards concerning reasonable suspicion and reasonable searches. School officials must be familiar with recent court opinions on student searches, use good judgement as to the application of reasonable suspicion, and avoid careless or whimsical applications of student searches. If evidence is found, it is important that contraband materials be locked in a secure place where the chain of custody of the evidence is known and limited. Extreme caution must be exercised in the case of strip searches, since such searches are too instrusive for most courts to sanction and arouse aversion in most communities, besides having been vociferously criticized by the American Civil Liberties Union and parents' organizations in specific instances. The apparent legality of the use of dogs to detect drugs varies within different federal circuit courts. School officials should check to see what guidelines their federal circuit courts recommend. While voluntary drug testing may be permitted, mandatory testing appears to be outside the scope of the law. The use of metal detectors as a search tool may be permissible if certain regulations are followed. Every school should have a conduct policy and a search and seizure policy spelled out exactly as to reasonable suspicion and reasonable search practices. Four resource organizations and nine references are given. Two newspaper articles are reproduced, one on student searches, the other on the use of dogs for drug detection. A short paper by Justice Stanley Mosk on "School Safety and the Law" is also included. (PPB)
- Notes:
-
- Sponsoring Agency: Department of Justice, Washington, DC. Office of Juvenile Justice and Delinquency Prevention.
- Contract Number: 85-MU-CX-0003.
- ERIC Note: For related documents, see SO 019 914 and SO 019 918.
- May also be available online. Address as at 14/8/18: https://eric.ed.gov/
- Reproduction:
- Microfiche. [Washington D.C.]: ERIC Clearinghouse microfiches : positive.
- Subject:
-
- Civil Liberties
- Civil Rights
- Constitutional Law
- Discipline Policy
- Due Process
- Elementary Secondary Education
- Police School Relationship
- School Law
- Search and Seizure
- Student Behavior
- Student Rights
- Student School Relationship
- Teacher Rights
- Weapons
- Drugs New Jersey v TLO
- Doe v Renfrow Horton v Goose Creek
- Other authors/contributors:
- Available From:
- ERIC
- Copyright:
-
In Copyright
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Copyright status was determined using the following information:
- Material type:
- Literary Dramatic Musical
- Published status:
- Published
- Publication date:
- 1988
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