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Students Searches

Students Searches. Are They Legal in Public Schools? William Allan Kritsonis, PhD. Fourth Amendment. "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...."

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Students Searches

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  1. Students Searches Are They Legal in Public Schools? William Allan Kritsonis, PhD

  2. Fourth Amendment • "[t]he right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated...." • This was the amendment that protected people from unreasonable search and seizures, including public school students.

  3. New Jersey v. T.L.O., • T.L.O. and a friend were accused of violating school rules by smoking cigarettes in a school lavatory, the latter, who admitted to smoking, was not brought to the office for a search. The Supreme Court of New Jersey decreed that the search of T.L.O.'s purse violated the Fourth Amendment. On appeal, in New Jersey v. T.L.O., the Supreme Court reversed in favor of the State of New Jersey (Russo). • This was the case that laid the basic principles for student searches.

  4. 2 standards used in the T.L.O. Case • School officials must establish reasonable cause for believing that the student is violating or has violated a student rule or a law. • They must make sure that the search conducted is reasonable in scope in light of the age and sex of the student and the nature of the offense.

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