The Legal Authority of Police Officers and Security Officers in School Searches
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Authors
Hale, Christopher H.
Issue Date
2000-09
Type
Thesis
Language
en_US
Keywords
Education , Legal authority , Police , School search
Alternative Title
Abstract
The alarming escalation of school crime and violence in recent years is being countered more and more frequently with the establishment of police and security programs within troubled public schools. This trend has given rise to numerous questions regarding the parameters of the legal authority of the officers employed by these programs, particularly in regard to their conducting of searches and seizures in schools. This study addresses these questions through formal analysis of case law on fortyeight relevant cases published from 1974 through 1997 to determine how this legal authority is being defined by federal and state courts across the United States. The analysis reveals that, while the courts are presently placing greatest emphasis on the need for school security and safety, they must also balance this urgent need with the necessity of safeguarding the constitutional rights of students as United States citizens, including the right to be free of unreasonable search and seizure that is guaranteed by the Fourth Amendment. As shown by this study, no simple legal formula exists for maintaining this balance, and each case must be decided based on the totality of its circumstances. A consideration of the particulars of all the relevant court cases yields useful conclusions regarding the legal authority of officers in schools. Based on these conclusions, this study offers practical recommendations for establishing school police or school security departments and maximizing their effectiveness. These recommendations are founded on a comprehensive knowledge of current case law as presented in this study; they are also premised on our societal duty to protect students and educators in our schools as well as our constitutional imperative to respect the privacy rights of each individual.
Description
This thesis is being archived as a Digitized Shelf Copy for campus access to current students and staff only. We currently cannot provide this open access without the author's permission. If you are the author of this work and desire to provide it open access or wish access removed please contact the Wahlstrom Library to discuss permission.
Citation
C.H. Hale, "The Legal Authority of Police Officers and Security Officers in School Searches", Ph.D. dissertation, School of Education, Univ. of Bridgeport, Bridgeport, CT, 2000.