Fourth Amendment Commons^™

The Faces Of Student Cell Phone Regulations And The Implications Of Three Clauses Of The Federal Constitution, Joseph O. Oluwole, William Visotsky

Cardozo Public Law, Policy & Ethics Journal

The article examines the constitutionality of school district regulations on student cell phones, focusing on the Due Process Clause, the Free Speech Clause, and the Fourth Amendment. It argues that while schools have the authority to regulate cell phones to maintain an educational environment, such regulations must comply with legal standards to avoid infringing on students' rights. The analysis concludes that schools can enforce cell phone policies but must adhere to constitutional protections, particularly the Tinker test for speech and the T.L.O. test for searches.

Safford Unified School District #1 V. Redding: Why Qualified Immunity Is A Poor Fit In Fourth Amendment School Search Cases, Eric W. Clarke

Brigham Young University Journal of Public Law

No abstract provided.

Discipline In Schools After Safford Unified School District #1 V. Redding, Dennis D. Parker

NYLS Law Review

No abstract provided.

Incorporating Fourth Amendment Standards In A Model Policy For School Officials Use Of Force To Restrain & Detain Students, Sean Croston

Brigham Young University Education and Law Journal

No abstract provided.

Students' Fourth Amendment Rights And The Federal Judgeship: Examining The Link Between Political Appointments And Case Outcomes, Mario S. Torres Jr., Jacqueline Stefkovich

Brigham Young University Education and Law Journal

No abstract provided.

Shedding Rights, Shredding Rights: A Critical Examination Of Students' Privacy Rights And The "Special Needs" Doctrine After Earls, Meg Penrose

Nevada Law Journal

No abstract provided.

Change And Continuity: A Historical Perspective Of Campus Search And Seizure Issues, Dana E. Christman

Brigham Young University Education and Law Journal

No abstract provided.

How Random And Suspicionless May School Searches Be?: Doubting Joy V. Penn-Harris-Madison School Corporation, Jon Eskelsen

Brigham Young University Education and Law Journal

No abstract provided.

Don't Rush To Abandon A Suspicion-Based Standard For Searches Of Public School Students, J. Nathan Jensen

BYU Law Review

No abstract provided.

The Development Of Search And Seizure Law In Public Schools, Bill O. Heder

Brigham Young University Education and Law Journal

No abstract provided.

An Alternative Approach To The Fourth Amendment In Public Schools: Balancing Students' Rights With School Safety, J. Chad Mitchell

BYU Law Review

No abstract provided.

Gift Or Loan Of State Money

Touro Law Review

No abstract provided.

School Metal Detector Searches And The Fourth Amendment: An Empirical Study, Myrna G. Baskin, Laura M. Thomas

University of Michigan Journal of Law Reform

This Note is an empirical study of the weapons searches in the Detroit public schools. Part I traces the history of the Detroit public school searches describes how the searches were conducted, and explains the procedure implemented when a student was arrested or detained. Part II addresses the constitutionality of the search policy and concludes that the current sweep procedure violates the fourth amendment. Part III suggests a number of constitutional, and more effective, methods to decrease the number of weapons and the amount of violence in the Detroit high schools.

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 …

Search And The Single Dormitory Room, Michigan Law Review

Michigan Law Review

This Note suggests that dormitory privacy should not be illusory. It argues that when a college breaches the standards of the fourth amendment in searching a student's room, the exclusionary rule should proscribe reliance on the fruits of that search to punish the student.

The argument progresses in two steps. Section I observes that the guarantees of the fourth amendment apply to searches of college students' rooms by college officials just as they apply to searches of any private dwelling by government officials. It traces the happy demise of Moore v. Student Affairs Committee, which allowed students only limited …

Nelson V. State, 319 So. 2d 154 (Fla. 2d Dist. Ct. App. 1975), Randall O. Reder

Florida State University Law Review

Constitutional Law- SEARCH AND SEIZURE- SCHOOL OFFICIALS' AUTHORITY TO SEARCH STUDENTS IS AUGMENTED BY THE In Loco Parentis DOCTRINE.