Abstract:
This study examines how the state and federal courts have made decisions regarding public school students’ Fourth and Fifth Amendment rights in 105 cases during the years 2004 to 2015 when school resource officers were involved. Since the Supreme Court’s decision in New Jersey v. T.L.O. (1985), the requirement of only reasonable suspicion, as opposed to the more stringent Constitutional standard of probable cause in school searches and seizures, has resulted in conflicting decisions how school resource officers should work with school officials. This research found that both state and federal courts tend to decide for the school rather than the student in these types of incidents except in cases of egregious violations of students’ rights and dignity. The number and the nature of court cases suggest the need for improved training and communication among students, school personnel and school resource officers.
