Legal Questions on Search and Seizure

In 1985, the Supreme Court for the first time analyzed the application

in the public school setting of the Fourth Amendment prohibition of

unreasonable searches and seizures. The Court sought to craft a rule

that would balance the need of school authorities to maintain order and

the privacy rights of students. The questions in this section summarize

the decisions of the Supreme Court and of lower Federal courts. School

officials should consult with legal counsel in formulating their

policies.

What legal standard applies to school officials who search students

and their possessions for drugs?

The Supreme Court has held that school officials may institute a

search if there are "reasonable grounds" to believe that the search

will reveal evidence that the student has violated or is violating

either the law or the rules of the school.

Do school officials need a search warrant to conduct a search for

drugs?

No, not if they are carrying out the search independent of the

police and other law enforcement officials. A more stringent legal

standard may apply if law enforcement officials are involved in the

search.

How extensive can a search be?

The scope of the permissible search will depend on whether the

measures used during the search are reasonably related to the

purpose of the search and are not excessively intrusive in light of

the age and sex of the student being searched. The more intrusive

the search, the greater the justification that will be required by

the courts.

Do school officials have to stop a search when they find the object of

the search?

Not necessarily. If a search reveals items suggesting the presence

of other evidence of crime or misconduct, the school official may

continue the search. For example, if a teacher is justifiably

searching a student's purse for cigarettes and finds rolling

papers, it will be reasonable (subject to any local policy to the

contrary) for the teacher to search the rest of the purse for

evidence of drugs.

Can school officials search student lockers?

Reasonable grounds to believe that a particular student locker

contains evidence of a violation of the law or school rules will

generally justify a search of that locker. In addition, some courts

have upheld written school policies that authorize school officials

to inspect student lockers at any time.

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