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    When can students be lawfully search while in school?

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    Prior to the landmark Supreme Court decision in Tinker v. Des Moines Independent School District, many people believed students did not possess constitutional rights in school. In Tinker, the Court rejected such an argument and held that "students do not shed their constitutional rights to freedom of speech or expression at the schoolhouse gate." This incorporation of an important constitutional right was limited to the First Amendment. Forty years later, in the landmark New Jersey v. T.L.O. that the Court would hold that public schools are restrained by the 4th Amendment.

    Research Paper entitled "School Search Cases: When can a School Official or Law Enforcement Officer Lawfully Search a Student?"

    © BrainMass Inc. brainmass.com October 10, 2019, 3:52 am ad1c9bdddf
    https://brainmass.com/law/criminal-law-and-justice/lawfully-searching-student-439268

    Solution Preview

    This research paper will address the landmark Supreme Court decision in T.L.O. and what has changed in public schools since its inception. The T.L.O. court addressed only ...

    Solution Summary

    This solution discusses the conditions in which a school official or law enforcement officer can lawfully search a student based on the aforementioned laws.

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