1999 BYU Educ. & L.J. 71 (1999)
The Development of Search and Seizure Law in Public Schools

handle is hein.journals/byuelj1999 and id is 199 raw text is: THE DEVELOPMENT OF SEARCH AND SEIZURE LAW
IN PUBLIC SCHOOLS
Bill 0. Heder*
I. INTRODUCTION
One day in the fall of 1994, I turned around and found that
my twin boys were suddenly old enough to attend elementary
school. Central Elementary, the closest school (and thus the
school of choice) was located just four blocks down our street
and was staffed mostly with people I knew who were graduates
of the local university. In anticipation of our inevitable P.T.A.
membership, my wife and I discussed for the first time the type
of school environment our children were likely to encounter,
and how we felt about it.
Our discussion was perhaps typical of young parents in
small-town America. We talked briefly of the quality of the
instruction and facilities. With a cynical acceptance of the fact
that grade-schoolers were bound to wear out pants, shoes, and
the occasional elbow or collar bone, student health and safety
were almost non-issues to us. Obviously, we were not aware
that elsewhere, in school districts throughout the United
States, schools were initiating canine drug search policies in
classrooms and halls, and still others were executing random
drug testing among high school athletes.
It has been said that we live in a country made of communi-
ties where our neighborhood school may have been built in the
Kodachrome years of World War II, or where the shiny new
school is funded by our increased property taxes. We live close
enough to hear the roaring crowds at the local high school foot-
ball games from our back porch. We wear hats and jackets pro-
moting the band or baseball programs.
It seems counter-intuitive, if not un-American, to react to
increased regulation in our local school with home schooling.
* Bill 0. Heder. B.F.A. Brigham Young University, 1991, J.D. Brigham Young University,
1998. Member, Utah Bar. Associate, Hill, Johnson & Schmutz, P.C., Provo, Utah.

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