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The Fourth Amendment Standard For Searches Of Students By School Officials: Reasonable Suspicion Or Probable Cause?, Lois Yankowski
The Fourth Amendment Standard For Searches Of Students By School Officials: Reasonable Suspicion Or Probable Cause?, Lois Yankowski
Antioch Law Journal
The fourth amendment rights of students subjected to searches by school administrators or teachers has been the subject of much legal debate and confusion.' The Supreme Court has never considered the issue of search and seizure in the schools and has never addressed even the more general question of whether fourth amendment protections apply to juveniles. The lower courts which have examined the school search issue, with one exception,2 have provided students with substantially less fourth amendment protection than adults in non-school environments enjoy. These courts have focused on the in loco parentis status of school officials and have found …
The Impact Of Smith V. Maryland On The Law Of Pen Registers, Mark Bialek
The Impact Of Smith V. Maryland On The Law Of Pen Registers, Mark Bialek
Antioch Law Journal
In Smith v. Maryland,' the Supreme Court was presented with the question of whether the installation and use of a pen register2 constitutes a "search" under the fourth amendment.3 The pen register is a device which can be used to determine the telephone numbers dialed from a phone under investigation or the number of rings on calls coming into the phone. The question was raised by petitioner Michael Lee Smith, who was convicted of robbery, at least in part, based on evidence obtained from the installation and use of a pen register.4 Smith claimed that the use of a pen …