Don't Rush to abandon a suspicion-based standard for searches of public school students

From: Brigham Young University Law Review | Date: January 1, 2000| Author: | Copyright information

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.l

I. INTRODUCTION

Historically, the Supreme Court has adhered to two basic principles in its Fourth Amendment jurisprudence. "First, warrantless searches are per se unreasonable, subject only to a few specifically delineated and well-recognized exceptions."2 ...

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