Betty Cox, Jennifer A. Sughrue, Luke M. Cornelius, & David Alexander (2012)
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Paperback, 142 pages
Monograph #83
ISBN-10: 1-56534-150-3
ISBN-13: 978-1-56534-150-0
The rapid rise of policing in public schools presents new and considerable legal challenges for schools, law enforcement agencies, and courts. This phenomenon raises issues of protecting the rights of students and the constitutional standards applicable to police officers. This monograph provides the single reference concerning the legal responsibilities and limitations of school police and the standards governing search, seizure, interrogations, and arrests in the school setting.
Table of Contents
Chapter 1: Introduction and Methodology
Introduction
Methodology
Chapter 2: Published Case Law and Legal Issues
Frequency of Cases
Outcomes of Cases
Bases for Litigation
Chapter 3: Historical Context and Evolution of School Policing
Definitions
COPS Grants: Save Our Schools Initiative
Presence and Effectiveness of SROs and School Police
SRO Guidelines
Chapter Summary
Chapter 4: State Laws, Regulations, and Agency Rules
Statutory Foundation
Roles, Duties, and Jurisdiction
Training and Certification
Memorandum of Understanding
Chapter Summary
Chapter 5: Governing Fourth Amendment Principles
The “Right” to Privacy
Deciphering the Fourth Amendment
Search and Seizure in Schools
The Exclusionary Rule
Reasonable Suspicion
Justified at Inception
Scope and Nature of Search
Individualized Suspicion
Special Needs Doctrine
Student Seizures
Chapter Summary
Chapter 6: Search and Seizure
Case Law and Jurisdictional Issues Involving SROs
Determining Jurisdiction
SRO Searches in Schools and at School-Related Events
Reasonable Suspicion or Probable Cause
School Officials
Initiate the Search
School Police or Liaison Officers Acting on Their Own
Authority Outside Police Officers
Initiate a Search
School Officials as Agents of Law Enforcement
Review Principles that Govern SRO Searches
SRO Seizures of Students
Chapter Summary
Chapter 7: Interrogations, the Fifth Amendment, and SROs
Miranda, the Supreme Court, and Schools
Interrogations by School Officials without SRO Involvement
School Interrogations by SROs without School Official Involvement
Interrogations Conducted Jointly by SROs and School Officials
Chapter Summary
Chapter 8: Conclusions and Recommendations
Chapter Summary
Appendix A: List of Relevant School Policing Cases
Appendix B: Table of Cases Cited in Work
Appendix C: State Statutes Pertaining to School Policing
Appendix D: Resources Pertaining to School Policing Index
