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.