The "Worst of Both Worlds": School Security and the Disappearing Fourth Amendment Rights of Students

Abstract

This article examines two related themes: the increasingly restrictive security measures in public schools and the reluctance of the courts to protect the basic Fourth Amendment rights of students. Information from academic and journalistic sources is presented regarding the impact on students from greater police presence and restrictive school security measures, including the potential harm to the learning environment. Additionally, this article reviews recent state appellate court decisions empowering police to search students using the less protective guidelines of reasonable suspicion and the "special needs" doctrine. This article also evaluates the recent United States Supreme Court decision that permits schools to conduct suspicionless drug testing of students as a condition of participating in any extracurricular activities. The results of these disciplinary policies and search tactics can be described as the "worst of both worlds," with severe penalties for even minor student misconduct without the safeguards of the Fourth Amendment.