The Exclusionary Rule in the Public School Administrative Disciplinary Proceeding: Answering the Question after New Jersey v. T.L.O.

Authors

Kathleen K. Bach

Abstract

In New Jersey v. TL. 0. the Supreme Court confirmed the fourth amendment rights of students to be free from unreasonable searches and seizures in public schools but declined to address the propriety of any particular recourse for violations of these rights. This Note proposes that the exclusionary rule should apply in public school disciplinary proceedings in which the student's misconduct is chargeable as a crime and the proposed sanction is removal from school f'r ten days or more. The Note argues that the Court's recognition of students' constitutional rights as well as the rule's underlying rationales support its application in this context, and recommends guidelines for its implementation.

Recommended Citation

Kathleen K. Bach, The Exclusionary Rule in the Public School Administrative Disciplinary Proceeding: Answering the Question after New Jersey v. T.L.O., 37 Hastings L.J. 1133 (1986).
Available at: https://repository.uclawsf.edu/hastings_law_journal/vol37/iss6/5