Message in a Bottle: Vernonia School District 47J v. Acton
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Authors
Peters, Leslie G.
Issue Date
1996
Volume
29
Issue
Type
Journal Article
Language
Keywords
Alternative Title
Abstract
INTRODUCTION|The Fourth Amendment to the United States Constitution provides: 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.|The purpose of the Fourth Amendment is to safeguard individual privacy and security from the unjustified or arbitrary intrusions of government officials. These prohibitions apply to searches conducted by both civil and criminal authorities. Because the Fourteenth Amendment makes the Fourth Amendment applicable to the states, the prohibition against unreasonable searches and seizures thus applies not only to the federal government, but also to the states and their officials, including school boards of education.|The United States Constitution does not proscribe all searches, but only those which are "unreasonable." Whether a particular search satisfies the "reasonableness" requirement depends, at least in part, upon the object of the search and the circumstances under which the search takes place. When the object of a search is to discover evidence of criminal activities, satisfaction of the reasonableness test usually requires that the government official obtain a judicially issued warrant prior to the search...
Description
Citation
29 Creighton L. Rev. 861 (1995-1996)
Publisher
Creighton University School of Law