Amid the growing tide of violence and drugs in U.S. schools during the past 20 years, educators have grown increasingly concerned about the safety of students and staff members. In response to this problem, administrators have turned to searches of students, their lockers, and their possessions. As might have been expected, these searches have led to litigation over whether the Fourth Amendment's prohibition of unreasonable searches and seizures applies to public schools.
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References
1.
Civil Rights Act of 1871, 42 U.S.C. §1983 (1997), quoting Harlow v Fitzgerald, 457 U.S. 800, 807 (1982) and Butz v Economou, 438 U.S. 478, 506 (1978).
2.
Cornfield by Lewis v Consolidated High School District No. 230, 991 F.2d 1316 (7th Cir. 1993).
3.
Horton v Goose Creek Independent School District, 690 F.2d 470 (5th Cir. 1982), cert. denied, 463 U.S. 1207 (1983).
4.
Jenkins v Talladega, 95 F.3d 1036 (11th Cir. 1996), vacated reh'g, en banc, 115 F.3d 821 (11th Cir. 1997).
5.
New Jersey v T.L.O., 469 U.S. 325 (1985).
6.
People v Dukes, 580 N.Y.S.2d 850 (N.Y. City Crim. Ct. 1992).
7.
People v Pruitt, 662 N.E.2d 540 (Ill. App. Ct. 1996).
8.
State of West Virginia ex rel. Galford v Mark Anthony B., 433 S.E.2d 41 (W. Va. 1993).
9.
Stefkovich, J.A. "Strip Searching After Williams: Reaction to the Concern for School Safety?" Education Law Reporter93(1994): 1107.
10.
Vernonia School District 47J. v Acton, 115 S. Ct. 2386 (1995).
11.
Williams by Williams v Ellington, 936 F.2d 881 (6th Cir. 1991).