Student Search and Seizure Case

Paper Summary:

This three page paper analyzes the constitutionality of searches and seizures in schools. The writer explores a hypothetical case in which a student was searched and arrested when a cocaine pipe was found in her coat pocket. It then applies real life cases to the argument that the search of the hypothetical student at school, was illegal.

From the Paper:

"In the TLO case the court ruled that the authorities had no reasonable suspicion that there were cigarettes in the student's purse. In our case, the officer had no reasonable suspicion that the student's coat pocket would contain drugs therefore he had no right to perform the search of her person."
"The weakest argument we have is the argument that the school did not have the right to search because it has no claim as the parent substitute. Several courts have upheld school searches with the ruling that the school operates as the parent during school hours, therefore the student has no right to privacy from school authorities.
However in the case of New Jersey v. T.L.O. the courts found that schools do not in fact act as parents."

Sample of Sources Used:

• Czubaj, Camilia Anne (1995) A legal analysis of school searches. Journal of Education
• T.L.O. v New Jersey State (accessed 10-31-06) http://www.tourolaw.edu/patch/NewJersey/
• Urbonya, Kathryn R. (2001) Determining reasonableness under the Fourth Amendment: physical force to control and punish students. Cornell Journal of Law and Public Policy

More papers on Student Search and Seizure Case:

• Analytical Essay # 120211 : "Search and Seizure in Education"
• Analytical Essay # 135291 : "Thomas v. Roberts" and Qualified Immunity"
• Argumentative Essay # 63119 : "Theodore vs. The Delaware Valley School District"

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