Differentiated Jurisprudence? Examining Students’ Fourth Amendment Court Decisions by Region of Country

Abstract

This study examined federal and state court decisions related to student Fourth Amendment rights following the New Jersey v. T.L.O. ruling in 1985. There has been minimal research in judicial treatment of students’ Fourth Amendment rights across regions of the country and less to what extent regional rulings implicitly or explicitly transmit cues about acceptable administrative behavior. From data gathered from case law and the National Center for Education Statistics, the analysis examined the link between the characteristics of the school where the search occurred, aspects related to the search of the student, and the outcome of the case by national region. Catagorical analyses revealed a considerable regional effect associated with highly discretionary elements of Fourth Amendment law. Findings of note suggest a greater likelihood of students losing in court within urban contexts and considerable discrepancies in rulings between national regions with respect to search intrusiveness and the severity of the offense. Implications for legal decision-making and implementation are discussed.