Can a school official search a student?
The Fourth Amendment protects you against unreasonable searches and seizures. Does this apply to students at school? Yes. Does it mean that your locker or backpack are off-limits to school personnel? No.
Your school has a responsibility to you and the community to provide you with an education in a safe environment, and to maintain order in the classroom and on campus. This can only be done when problems are kept to a minimum at school. Keeping guns, gangs, drugs, and violence out of schools has become a priority across the nation. Strict rules regarding these activities are legal and enforceable.
Photo by John Steven Fernandez
The Gun-Free Schools Act of 1994 mandates expulsion from any school receiving federal funds (which includes most public schools) for bringing or possessing a firearm at school.
A substantial number of sixth- to twelfth-grade students report high levels of violent crime, weapons, and gangs in their schools. Nearly all students are aware of incidents of bullying, physical attack, or robbery at school.Whether as victims or witnesses, students are equally likely to worry about school violence. The Safe Schools Act of 1994 provides funding for conflict resolution and peer mediation programs in schools. The courts have also addressed the issue of safety at school through a number of cases.
The leading case on this subject is New Jersey v. T.L.O., the 1985 U.S. Supreme Court decision that set the standard for school search and seizure policy. At a New Jersey high school, a teacher caught T.L.O.* a freshman girl smoking in the bathroom. The girl was taken to the principal′s office, where she denied everything. The assistant principal demanded to see her purse and proceeded to open and search it.
He found a pack of cigarettes, a small amount of marijuana, a marijuana pipe, empty plastic bags, a substantial number of $1 bills, an index card listing students who owed her money, and two letters that suggested she was dealing drugs. When the girl confessed to the police that she had been selling marijuana at school, she was charged and placed on probation. [Photo by DoobyBrain (Flickr)]
The court debated whether the search of her purse was a violation of the Fourth Amendment. The court ruled that a school official may conduct a search of a student if there is a “reasonable suspicion” that a crime has been or is in the process of being committed, or that a school rule has been broken. Since T.L.O. was seen smoking but denied it, the principal had reasonable suspicion to conduct the initial search of her purse. Then when he found not only cigarettes but marijuana he was justified in continuing to search for contraband.
“Reasonable suspicion” means more than a hunch that you′re up to something unlawful or are about to break a school rule. Based on a totality of the circumstances—time, place, activity, your school record, age, and source of information—the search may pass the reasonable suspicion test.
Although the court recognized that students have privacy rights at school, these rights are balanced with the school′s need to maintain an environment where learning can take place. The court held that the standard to be applied in school searches is that of reasonableness. This covers not only your person, but your locker, desk, car, and backpack. Some cases have extended the search to off-campus incidents, if reasonably related to the school.
The Court also stated in T.L.O. that “A teacher’s focus is, and should be, on teaching and helping students, rather than on developing evidence against a particular troublemaker.”
Photo by Svadilfari (Flickr)
Schools are going to great lengths to provide a safe school environment. You may have seen metal detectors and uniformed police officers at your school, on city buses, and at school events. School resource and D.A.R.E. (Drug Abuse Resistance Education) officers are being assigned to elementary through high schools in a national campaign against drugs and violence at school. Some high schools are using drug-sniffing dogs to randomly check student lockers.
Fifth Amendment Right at School?
If you find yourself in a search situation at school, the principal and teachers have a right and a duty to question you. When you hear someone say they′re “taking the Fifth,” this doesn′t apply at school unless the police are called in and the person is taken into custody. The “Fifth” here refers to the Fifth Amendment. It means that you don′t have to say anything that would help the police charge you with an offense; you have the right to remain silent if charges are filed against you. School officials, however, aren′t police officers. They have the authority to investigate school violations, and they can question you.
In another case, the North Dakota Supreme Court ruled in April, 2012 that a school resource officer only needs reasonable suspicion of unlawful behavior to conduct a search of a student. In this case, Christian Alaniz, Jr., age 18, was seen in an area known for drug activities. He was brought to the principal’s office and asked to empty his pockets. When he did, a glass pipe and synthetic marijuana was found. Alaniz pleaded guilty and challenged the search on appeal. However, the court upheld the search as constitutional stating that “The search was not excessively intrusive in light of Alaniz’s age, gender, and nature of the suspicion. . . .The search was reasonable.”*
Similar cases include:
- An 11-year-old South Carolina sixth grader brought a steak knife to school in October, 1996. Although it seemed to be an accident (she was helping her mom pack her lunch), she was suspended from school and charged with possessing a weapon on school grounds. The charge was dropped a few weeks later, and she returned to school.
- In Ohio, 14-year-old Kimberly gave her 13-year-old friend Erica some Midol at school. Kimberly was suspended for 14 days for distributing drugs, and Erica for 9 days for possession. TIP: Give all drugs—including prescription drugs and over-the-counter medications—to your school nurse!
*State of North Dakota v. Alaniz, 2012 WL 1173764 , ___N.W.2d ___.
Strip Search of Student by School Officials
In 2003, Savana was a 13-year-old 8th grade girl in Safford, Arizona. She was strip searched in the nurse’s office with two other female school personnel in the room. They were looking for pills that she allegedly had with her and was giving out at school. None were found.
A federal court ruled in July, 2008 that the search violated her Fourth Amendment right against unreasonable searches and seizures. The court stated in its opinion: “It does not take a constitutional scholar to conclude that a nude search of a 13-year-old girl is an invasion of constitutional rights. More than that: it is a violation of any known principle of human dignity.” (Redding v. Safford Unified School District, 9th Circuit Court of Appeals).
Update: The school district didn’t like the court’s decision and asked a higher court to review it. In April, 2009, the Supreme Court heard arguments in the case and in June, 2009, agreed that the search was unreasonable and that Savana’s 4th Amendment rights were violated. Savana’s six-year battle will end when she reaches an agreement with the school district regarding a monetary settlement.
Related case: In 2012, over 200 high schools in England, Scotland and Wales placed cameras in bathrooms and locker rooms. Just the doors to the stalls and sink areas are videotaped with the goal of reducing bullying incidents and in the interest of student safety. The videos are viewed by school officials only when a problem is reported and are kept for up to thirty days. In these countries, such a measure is legal whereas in the United States, the issue is one of “expectation of privacy” and the Fourth Amendment. What do you think about this step to ensure your on-campus safety? Is this going too far?
What can be done, if a school violate their regulation pertaining to law enforcement questioning a student by not getting prior permission from the parents or school administrator? The regulation states that the school board is to protect the students constitutional rights while in the their care.
Dear Monek: It depends on the outcome of the statements made by the student. If formal charges are filed against the student, his or her attorney could challenge the use of the statements. All of the details of the incident have to be considered in assessing the outcome. This is something the parents should discuss with a school administrator and/or a lawyer familiar with criminal law and school law. Good luck.
(This is information only – not legal advice).
My son’s group finished their project and him and another classmate were sitting at a table on their phones ( it was OK for them to be on their phones at this time). The teacher was working with another group and looked over and the way my son was sitting with his phone on his lap she didn’t see what he was holding although he was only sitting 4 feet from her, so she called security because she thought he was passing something to the other student. She saw my son stand and put something in his pocket (his phone) then security came.. They searched my son and all they found was his phone.. His backpack was in a different classroom when the incident happened but the made him get it and searched it also. They found nothing on my son but his phone which is all he had in the first place. The back pack was no where near him during the incident, it was in another classroom..
Dear Rhonda: Public schools have the authority to conduct searches of students and their backpacks, lockers, cars, etc. depending on the circumstances. If a school official has what is called “reasonable suspicion” that a school rule or law has been broken, they can search without involving the police or getting a search warrant from a court. Usually the rules about school searches and seizures are posted, either in the Code of Conduct or Student Handbook. Both may be on the school’s website. You can also discuss this with the principal or vice-principal.
(This is information only – not legal advice).
THEY SMELT POT IN CLASS SO THEY SEARCHED FIVE KIDS AND THEY SEARCHED THEM THREE HOURS LATER im lost 0n that everyone should of been searched to be fair
Dear Mike and Lacey: The test to conduct a search of a student is based on “reasonable suspicion” that a law or school rule has been broken. It does not take “probable cause” as required by law enforcement. It’s a lesser standard. So, something about these five students must have caused suspicion by school officials to search them.
(This is information only – not legal advice).
My child had her backpack searched on suspicion of electronic cigarettes.
2 tablets of ibuprofen were found.
The school is claiming that have them reasonable suspicion to search the vehicle that is registered to a parent.
Any suggestions?
Dear Francis: We suggest you discuss this with the principal about the school’s “search” rules. “Reasonable suspicion” is the standard that governs school searches and seizures without the involvement of law enforcement. If you’re not satisfied, you can contact a local attorney for advice. One who practices criminal defense or education (school) law should be helpful. Good luck.
(This is information only – not legal advice).
My son was taken out of his class by the principal and resource officer so he could be searched because of a smell of marijuana in the bathroom. I didn’t receive a phone call, email, or notice. Drugs is a huge deal and parents should be notified.
Dear Jo: You’re right – drugs at school are a big deal. That’s why your son’s school has a policy when students are suspected of possessing or using drugs on campus. Take a look at the school’s Student Handbook for the rules in this situation. It may be available on the school’s website. You can also make an appointment with the principal or vice-principal to discuss what happened in your son’s case. Good luck.
(This is information only – not legal advice).
My sons cell phone was taken at school, the teacher said he may be cheating. My son had turned his paper over and used his cell phone as had other students in the past. The teacher took his phone home and he had homework pictures for his classes for easy access in his other two classes. He had trouble getting his other AP history and AP math work done. Are teacher allowed to take students phones home? Everyone knows that texts can be read even if the phone is locked. The teacher did not call us, the parents. The assistant principal tried to help us get the phone back but could not reach the teacher that took the phone. This teacher, that took the phone surrounds himself with young girls around his desk and touches them in a friendly way according to my son. I feel my sons rights were violated, and he’s only 16. What should I do?
Dear Melanie: Since you’ve been unsuccessful trying to resolve this through the vice-principal, it may be time to contact the principal or the school district superintendent if necessary. Take a look at the school’s Student Handbook for the rules regarding cell phones and the consequences for violating the rules. Most schools allow confiscation for brief periods depending on the circumstances. But a teacher taking the phone home and searching through it is another matter. Good luck.
(This is information only – not legal advice).
My principal thought that I had taken a photo of someone. I hadn’t taken the photo, but someone had sent it to me. I had the photo and someone else got in trouble for having it and blamed me. The principal has take my phone WITHOUT my permission and started going through it. The picture wasn’t anything inappropriate it was just someone’s face. Would them going through my phone be legal? Again they didn’t have my permission and there was no crime committed or anything like that.
Dear Treven: Many states have laws regarding what school officials can and can’t do when it comes to digital devices on campus or at school events. Also your school probably has a statement in the Student Handbook about this. You can find the handbook on the school’s website, or ask the principal or vice-principal for this information. Generally, a school official may look at a student’s cell phone if there is “reasonable suspicion” that a school rule or law has been broken. School officials don’t operate under the same rules as law enforcement where “probable cause” is needed to conduct a search. Talk with your parents about this. They may want to schedule a meeting with the school to discuss the rules and what happened in your situation. Good luck.
(This is information only – not legal advice).
Hi, My son had an incident today at his high school. He said he was talking to one of his friends when a school official saw them and asked why they were not in class. He responded by saying he was feeling down and was talking to his friend about it. The school official told them to get to class. He went to his class and when he was out of class walking to his next period, that same school official asked him to get in the golf cart and they were going to the office. When my son asked him why, he said because he was not in class when he was supposed to be. My son responded by saying, we went to class after you told us. When they get to the office the assistant principal asked him to have a seat and said “I will be with you in a minute”, in a YOUR IN TROUBLE tone. He said he asked “what did i do” and the assistant principal and they school official both looked at each other and with a smirk said “Nobody said you were in trouble.” . When she asked him to go in the office she told my son a student reported him and said he had drugs on him, to which of course my son denied. Mind you he has never had a history of drugs or ever been in trouble with the school for drugs. my son said he does not do drugs nor has been in possesion of them but they went ahead and searched his back pack, asked him to remove his shoes and everything in his pockets. Then after she did the search, She has my son call me on my cell and non nonchalantly says, Hi, I just wanted to let you know we have your son in the office, he is not in trouble or anything, it’s just that a student reported that he was in possesion of drugs so we just wanted to make sure there was nothing. We already searched him and there is nothing on him. But I just wanted to let you know so when he comes home and says he was searched, this is why and you wouldnt be like why, he is all clear.” I was so taken back that I couldn’t think with a clear mind. I asked him what kid and ofcourse she said she couldnt tell me for privacy reasons so I just said I would talk to my son when he got home. My son says he felt violated as he never gave them reasonable doubt to even think that he was doing drugs or have any history with it. I will go tomorrow and talk to the vice principle as of course I want to get her side of the story but was this wrong? or was everything done according to the law and respecting my son. ? IS there something I should ask or say? PLease advise
Dear Concerned: We hope your meeting with the vice-principal went well. If you look at the school’s Code of Conduct or Student Handbook, you’ll see the rules about student searches. If there is what is called “reasonable suspicion” to believe a school rule has been broken or a law violated, a search may be justified.
(This is information only – not legal advice).
My son was searched at his high school they said he smelt like weed they told him if he admitted to it he would get in less trouble so he felt pressured yo say it I’m pissed that they searched him nwfor contacting me and my older daughter was searched a few years ogo without me ever being contacted and my youngest daughter was searched without contacting g me .why is it it because I’m an. Addict I’ve been clean now for 5 years . is that ol for them to search and question my son without me there..can I take him out of that school
Dear Michelle: The law authorizes school officials to search students if they have reasonable suspicion that a crime or school rule has been violated. They don’t need a search warrant or the presence of the police to do this. Take a look at the school’s Code of Conduct for the rules about drugs on campus. As far as removing your son from this school, that’s your call. Good luck.
(This is information only – not legal advice).
What if they accuse you of sharing semi nude pictures with others when it’s not true but you do have semi nudes on your phone but they only wrote on the report of you sharing the pictures, everything was done out of school, what will happen
Dear Oscar: It’s possible to face consequences since they found some semi nude pictures on your phone. You would have to refer to your school’s rules and policies, possibly in the Student Handbook, about this. The school officials could refer the matter to the police or the juvenile court. Then you would need to refer to the sexting laws in your state, which you could do here. Talk to your parents about this and you may want to request a meeting with the principal or vice principal to explain your side of the story and that the pictures were not shared. Good luck.
(Check our Teen Help Network for more help and resources in your area. This is information only – not legal advice.)
I need help with my mom she is sos so bad because she is so rude
Dear Abigail: We suggest you talk with an adult you trust about what’s going on with your Mom. That could be a relative, friend’s parent, counselor at school, or someone at church. They may be able to help you out. Maybe a calm discussion with your Mom can let her know about how you feel and why and bring about some changes. Good luck.
(This is information only – not legal advice).
we love your website me and my friend skyler !!!!!!!!!! *happy face*
Thank you both for your comment. -Judge Tom 🙂
Dear committee,
Thank you for your response last time. What I meant with “violating sex codes” is that I’ve read that sometimes, students can be strip – searched. In the case of Savana Redding, Savana was strip – searched to her underwear, in search of over – the – counter ibuprofen tablets. This is a example of strip – searching. Does this violate any laws, amendments, or codes?
Dear Joshua: You have to look to the laws in your state and the rules of the school district that is involved in this incident. The Supreme Court said in Savana’s case that strip searching a student is a violation of one’s human dignity and should be used sparingly, if at all. Thanks for the question.
(This is information only – not legal advice).
Dear Judge Tom, I am using this source as a essay source. I have a question: how can searches affect personal items? Also, does it violate sex code(s)? Please answer this ASAP. Thank you for your time.
Dear Joshua: When a police search is conducted, whether under a search warrant or without one, depending on the circumstances, personal items may be seized and kept by the police until the case is concluded. That includes personal items from cell phones to cars, computers, etc. We don’t quite understand your question about violating “sex codes.” If you clarify this, we’ll respond. Good luck.
(This is information only – not legal advice).
my childs school found alcohol on a student and then the school resource officer and the principal searched the whole class
Dear Linda: School searches of students are legal if there is what is called “reasonable suspicion” that a rule or law has been broken. So this incident may pass muster depending on the complete circumstances, Good question, thanks.
(This is information only – not legal advice).
My son is 13 years was search in the school bus by a teacher just because he handshake his friend on suspicion im assuming of drugs, but they didn’t call me let me know and the bus driver told the teacher u can’t do that my son is in special ed in a contained class room . He came home very upset and told his older sister which she told me right away.
Dear Lissette: If a school official has what is called “reasonable suspicion” that a school rule or law has been broken, or is in the process of being broken, they are authorized to conduct a search of a student. State laws come into play here, so you have to check the law to see what it says. Also, school rules set forth in the Student’s Handbook or Code of Conduct should explain this further. You can ask for a meeting with the school principal to discuss this incident. Good luck.
(This is information only – not legal advice).
i was accused of smoking marijuana in a school locker room, because i smelled like it. is it even accurate for them to suspend me because the smell? other girls used my name and said i was smoking, but there is no evidence. even these girls have no evidence other that smelling like it.
Dear Jade: You’ll have to look to the rules at your school regarding zero tolerance of drugs and drug paraphernalia. The general rule is that if there is evidence that a school rule or law has been broken, the school may take action. Marijuana has a distinctive odor that can lead to discipline. Discuss this with your parents – they may want to schedule an appointment with the principal to review what happened and why you were suspended. Good luck.
(This is information only – not legal advice).
A phone came up missing at my sons school. My son was searched and several other students were searched. The phone was not found on any of the students. My son told me that the principal kept on saying just give the phone back but my son didn’t have the phone. As a parent I felt my son was violated because not only was he searched, he was embarrassed about this situation. Just because a phone comes up missing doesn’t give the principal the right to accuse a student of stealing an object that he/she didn’t see them take.
Dear Kentasha: It may be helpful to ask to meet with the principal and for an explanation of the incident. Once all of the facts are known, you may feel differently about his actions. If not, explain your position as a parent and you might want to pursue this through the school district’s grievance policies. Teachers and school officials do have the responsibility to question students about these type of incidents, but there is also a student’s right to be free from unreasonable searches. Good luck.
(This is information only – not legal advice).
….I live in the state of Pennsylvania. I have a little girl in first grade who is only 7 years old. I sent a note to school one day which she was unable to find once at school. it’s my understanding from my daughter and her peers that her book bag had been gone through by her teacher and items were removed. The items were only things like stuffed animals little trinkets and toys that a first grader made taking the school.She had these things in your book bag because she has visitation with her .father and wanted to take a few of her things with.bottom line is bottom line is my daughter was embarrassed in front of her peers by her teacher. the teacher does admit to search in her book bag for the letter.which the letter was ultimately forgotten at home.I don’t think it was necessaryfor the teacher to go about this in this manner.I don’t feel that it teacher has the right to embarrass the student in front of their peers. this is not the first time my daughter has been made to cry or embarrassed in front of her peers by her teacher.am I in the wrong for worrying or am I just an overprotective parent? Is it wrong to go through an empty out a frist graders book bag? am I right to stand up for my daughter for being teased by some of the children because of this incident? Or am I just overreacting as a overprotective parents? Was the teacher in the wrong?
Dear Anna: The fact that you don’t want your daughter unnecessarily embarrassed in front of her peers does not sound like you are being overprotective. Perhaps you could request a meeting with the teacher to calmly discuss the incident(s). Although a teacher may need to help a student look for an item in their backpack, there is probably a more sensitive way to handle the matter by quietly asking the student to help look through his/her backpack for the object (rather than letting the whole class see the contents being dumped out). The teacher may not realize how her actions have affected your daughter and once brought to her attention, she may change the way she handles such matters in the future. Let the teacher know the whole story and why your daughter had those toys, etc. with her that day. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
Well since i take medicen what if i bring it to school for a class trip is that like against school polise?
Dear Danielle: Every school district has policies regarding medications on campus or in a student’s possession at school or school events. We suggest you speak with the school nurse or front office about this before you go on the class trip. Or your parents can contact the school and ask for you. Good luck and enjoy the trip.
(This is information only – not legal advice).
If I am found to have aspirin or ibuprofen in my possession at school (in my backpack or pocket not locker) would I subject to suspension or expulsion? Is it against the law to carry aspirin during school hours? I am 18.
Dear Emma: It may not be “against the law” as in the criminal sense to have aspirin in your possession at school. However, it may be against school rules. Many schools have very specific rules about drugs (legal and illegal) at school. Breaking these rules can result in discipline including suspension or expulsion. Take a look at your Student Handbook or Code of Conduct for the rules and consequences. Good luck.
(This is information only – not legal advice).
If I was to record someone fighting And my principal or any other staff member asks to check my phone can I say no
Dear Elijah: You can say no, but there may be consequences. First, you could check your school’s Acceptable Use Policy “AUP” that explains the rules concerning electronic devices on campus. Then you can check the rules concerning searches of students and their property. These should be spelled out in the Student Handbook. Finally, you may want to talk this over with your parents so they can help you with this issue. If you believe that your rights are being violated, you and your parents may want to contact an attorney who handles school law matters. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
what kind of teacher calls the principal down to search the students bags? If he was smart he would ask the student/students to please off the phone or please step outside of the classroom and off the phone … but instead he had to call the PRINCIPAL…
Dear John: Perhaps the teacher is new and feels the principal needs to take over when the students are breaking the rules. Also, it’s possible that there is a policy/rule about calling the principal under those circumstances. Check your school’s Acceptable Use Policy (AUP) about the possession/use of electronic devices on campus. It should be spelled out in the Student Handbook or on the school’s website. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
this is so mest up what kids of school searchers through peoples bags especially if your the teacher
I have a question about the vice principal illegally searching my child’s belongings. My mother in law made her a chocolate cake to take to someone for their birthday, someone who doesn’t like her said there was marijuana in the cake and the principal without calling to see where the cake from searched all her belongings and found snuff, is another student lying like this a legal reason to search her things without permission without any reguards as to what was said was true
Dear R: First, you could check your daughter’s Student Handbook to see what the specific rules are concerning the searches of students’ property. Generally, school officials need reasonable suspicion before searching a student and/or her property. Information from another student that drugs and contraband may be in a student’s possession may be enough to conduct a search. School officials do not need the same level of suspicion as the police. Finally, you could request a meeting with the vice principal or another administrator to discuss this. Good luck.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
If a student refuses to be searched by an SRO at school so a teacher or principle searches that student and finds an illegal item can they turn it back over to the police?
Dear Jevin: Yes, any contraband found on a student and/or a student’s property will most likely be turned over to the police for possible charges to be filed in court. Thanks for asking.
(Check our Resource Directory for more help and resources in your area. This is information only – not legal advice.)
My child was told to empty her pockets and shoes on a rumor of having cigarette s. Is this legal in the state of MN? She didn’t smell like it and no one seen her smoking or anything. But the principal had called a female resource officer from another school to search her and a friend. But the principal didn’t notify a parent till after. Then the principal said she volunteered to do the search, and that they did it because of a rumor.. I just need to know if this is okay in the state of Minnesota, or other states for this matter.
Dear Tianna: Schools are authorized to conduct searches of students when they have what’s called “reasonable suspicion” that a crime or school rule has been broken. As you know, there are two sides to every story, so the principal may have had justification to search your daughter. Check the school’s Code of Conduct to see what notification is required in this situation. You can also speak with the principal to learn what was known at the time of the search. Good luck.
(This is information only – not legal advice).
Judge Tom,
My son was among a group of four students accused of using a red laser pointer at the end of a band class. The teacher could not identify the person who used the laser pointer and called a resource officer. The resource officer told the class that laser pointers are extremely dangerous and anyone pointing one at her would get a gun in their face. The resource officer carries a taser or pistol. Paper slips were handed out to the class to anonymously identify possible suspects. My son and three other boys were held by the resource officer for questioning and search. No laser device was found. The student guide for the school does not mention laser devices and none of the students are aware of any school policy prohibiting them. My son, and at least two of the others, has absolutely no record of disciplinary issues. Few questions: Could anonymous slips be considered a “credible source” for “reasonable suspicion?” Would a search be authorized for something that is not considered a weapon and is not even against school rules? Last, could the resource officer’s speech be considered menacing considering she was carrying a weapon at the time?
Thank you for your time!
-tom
Dear Tom: Regarding the slips of paper, it would depend on their content and specific information provided. Reasonable suspicion that a school rule or law was broken may exist taking the totality of circumstances into consideration. A Student Handbook cannot list every possible implement or contraband. Sometimes general language may cover an instrument at school that disrupts the educational environment. Regarding the resource officer’s “menacing” speech, again the entire situation must be reviewed for content and tone. The fact that she carried a weapon or taser could be considered. We suggest that you talk with a local lawyer who practices school or education law. Good luck.
(This is information only – not legal advice).
Recently I had a friend who video taped a fight in the boys bathroom which is against school rules to take any photos or videos in the bathroom and the School was not aware of these actions but teacher watched him with his phone out showing a video and demanded to see the phone and the student locked his phone and gave it to the teacher and the teacher took the student and his phone down to the principle office and demanded that the school searched his phone so they had a SRO or the police officer on duty at the school come down and he took my friends phone and demanded for the password so after a while the student caved in and put in the password the officer proceeded to search the phones messages and videos/pictures they found the video but was that legal for the school officer and principal to do that search but also after they said he would not be in trouble and wouldn’t have to serve iss or OSS but the next week was called down to the office and had to serve iss and sense he was not aware of it and the school said that they told him even though they didn’t he had to serve OSS for two days and iss for two days also was this whole ordeal legal for the school to do
Dear Nick: Schools have the authority to enforce their rules and the laws of your state. Take a look at your Student Handbook for the rules about digital devices on campus. If a school administrator, teacher or principal has what is called “reasonable suspicion” that either a law or school rule has been broken or is in the process of being broken, they can take your cellphone, tablet or whatever device you have and search it for evidence. This also applies to school resource officers who oftentimes are acting in the capacity of law enforcement. Talk with your parents about this and read the school’s Code of Conduct closely. Good luck.
(This is information only – not legal advice).
I believe they shouldnt be able to look through your backpacks unless they have probable cause like they suspect someone has a gun. At my school they lock all the doors except one and everyone has to wait in this giant line and have evryones bags checked and i think its embarrassing, because this has happened to some girls before that they dump everything out the bag and everyone sees your pads or tampons all over the table and its awkward they have no right to search it. I believe they can confiscate phones but I dont think they should be allowed to look through someones texts and pictures. To avoid that before you hand over your phone just press the lock button that way they wont be able to look through it becuse you have a passcode. If they ask you for a passcode dont tell them. I believe they should be allowed to check lockers but not open any personal items in your locker like makeup bags, backpacks. At least once a month at my school they lock the school down for ten minutes and have police dogs come through and sniff every locker for drugs then i think they should be able to check tour locker if the dog barks.
Thanks, Katie, for your thoughts on this important subject. The bottom line is safety for students and staff. Sometimes privacy has to give way to what’s in the general best interest of everyone not just one individual.
Hello.
My question regarding school searches is this; recently my daughter was removed from her class by the principal and assistant, both of which escorted to her to a conference room. After escorted from class they disclosed to her that; ‘an anonymous tip called in said she has an item that she was not supposed to have at school’, those are the exact words. She asked them what they were looking for and they refused to answer except for, ‘we are looking for something you are not supposed to have at school’. They conducted the search of her backpack and pockets which did not yield this unknown item
that no one but them knows about but this anonymous person. After they conducted their search which had no results she asked them again what they were looking for to which they repeated their answer; they then called her mother who also asked what they were looking for and why; they refused to answer. My problem is that they refuse to say what they were looking for, if they don’t even know what they are looking for, how do they have the right to search anyone under that pretense ? Am i incorrect in my understanding that you have to disclose to someone why they are being search and what for?
Thank you for your time.
Lou
Dear Lou: Good question. You have to look to both the laws in your state that apply to school searches and your daughter’s Student Handbook for any rules on the subject. School officials aren’t held to the same standard as law enforcement when it comes to searches. The police need “probable cause” to search someone with or without a search warrant, depending on the circumstances. School personnel only need “reasonable suspicion” that a law or school rule has been broken. A meting with the principal and/or school superintendent may help answer your questions. Otherwise, you may want to consult a lawyer who specializes in school or education law. Good luck.
(This is information only – not legal advice).
I am a school nurse. I’ve been instructed by my principal to ask the guardian of a student that come to the clinic every morning to have her search his pockets for any weapons. If he has any weapons I’ve been instructed to tell the guardian to take them home. I then have to report to the principal and vice principal if any weapons were taken home by guardian. First of all I do not feel that this is my responsibility! Secondly I fear some sort of legal issue with asking the guardian to do this search and possible seizure!
Concerned School Nurse
Dear Nurse: Your concerns are legitimate. However, we don’t provide legal advice to our readers since we don’t have an attorney-client relationship with them. We suggest you discuss your concerns with the principal or school superintendent. You could also contact a local lawyer who practices school or education law to learn about your rights & responsibilities in this regard. Many attorneys offer a free consultation for the first thirty minutes or so. That may be all you need to obtain some advice. Ask about this if you contact one. Good luck.
(This is information only – not legal advice).
I was told to put my phone away, so i did my phone then would not stop going off(iphone has no silence)so i took it out to decline the call , my teacher then snatches it out of my hand , so i stood up and told him to give it back, he refused so i said “give it to me so i can go to the office and deal with it im not going to be immature and make a scene infront of the class”, he then becomes irate and screaming walking into the office where me and my phone were then handed off to my vice principal. my vice principal then lectures me and would not let me explain, so he asks for the code to my phone and i told him that was not neccisary so he then told me he needs to search me,so i told him before hand that i had my medicine for ADHD on me, he then calls in the security and conducts the search and i comply as i have beeen for the whole time, i had my medicine in a Little pot baggy with no pot residue* rolled up in a straw,(obviously looks very suspicious) but my capsule had broken before i had taken it so it was a powder in the bag. the vice principal kept suggesting it was a “cain-Kit” but i told him it was vyvance. i then agreed to let him look in my phone under my supervision, after reading all of my email,veiwing my photos, videos, calls, and then texts they came to the assumption that i was dealing pills, so i then refused to co-operate with them in anger , my phone locked after 60 seconds of inactivity , i refused to give them the pass code , they then made the initial call to my parents, even though i had asked for it earlier and was denied. the school claimed my phone was “Evidence” and kept it for 6 days untill the meeting with the school diciplinary officer. i was suspended for 10 days or expelled depending on her decission , i meet with her tomorrow!
*I am finishing up my first semester of senior year.
Dear Hayden: We suggest you speak with your parents about this before any final decisions are made. You can also speak with a lawyer who specializes in school law. Depending on all of the facts of this incident, you may want to pursue this according to the “due process” procedures available to you under your state’s laws and the policies of the school district. We don’t provide legal advice to adults or teens and it sounds as if that’s what you’re in need of at this point. Good luck.
(This is information only – not legal advice).
Mr.Jacobs,
My school has a policy that states that if a phone is phone is seen or heard the teacher is aloud to take it, the phone is then kept for 1-2 days at the teachers discression and it is not responsible if lost in the schools possesion. Is this legal by law, does my 4th amendment protect me for this unfair treatement or is the educational institution immune basic freedoms?
Thanks for your time.
Dear Akon: This is an issue in schools across the country. School rules and laws are under consideration about how to handle the regular interruptions during class by phones going off or students texting throughout class. Check your school’s Student Handbook for the policies that apply to you. Many schools have Acceptable Use Policies that specifiy the consequences of violating the rules. That may include confiscating the phone or computer for a period of time. In some schools, a second or third offense means the phone is taken until the end of the school year. If there’s a problem with your cell phone being taken, discuss this with your parents and maybe a meeting with the principal or vice-principal can resolve the issue. Good luck.
(This is information only – not legal advice).
At my school in Texas they will have random security checks where they make us put everything in our pockets onto the desk and if we have a cell phone they take it and see if it’s on. If it is they take it away and charge us with a 15 dollar fine. I find this absolutley absurd. This is a rule but it’s my property that I payed for. Not them! They are just liberals who want money. We don’t get them back wither untill we pay for it. Do they have the right to make us pay? Please let me know. Thank you.
Dear Bobby: These are issues that schools, students, parents and courts are wrestling with as we speak. Check your school’s Student Handbook for their AUP (Acceptable Use Policy) regarding electronic devices on campus. Most schools have AUPs covering cell phones, computers, laptops, iPads, tablets, etc. The policy also spells out the consequences for violating the rule. Most students sign a statement at the beginning of the school year acknowledging receipt of the Handbook and agreeing to the terms contained therein. Talk with your parents about this and go over the policy. You can always request a meeting with the principal or assistant principal. Good luck.
(This is information only – not legal advice).
In school one day, a cell phone rang because someone recieved a message. My teacher didn’t know whose cell phone that was so he threatened to call the principal and tell him to come down and start searching people. My teacher only knew that someone in the first two rows of desks (containing about ten people) had the cell phone that recieved a message. The person gave up the cell phone, but if my teacher did call the principal, would it of been lawful for the principal to search the first two rows of students to find out who had the cell phone? I discovered this website that stated the guidelines of how a search may be conducted (http://www.wps.k12.va.us/sysinfo/policies/JFG.htm) and it said, “This requirement does not mean that the suspicion must always be confined to only one person at a time. There may be special situations in which a group of students is so specific and small that each of the individuals in the entire group may be searched consistent with the individualized suspicion requirement.” Would ten students be “small and specific”?
Dear Ben: That’s a great question and it really depends on the school’s policies, the specific circumstances of the incident and possibly the laws of the state. Although schools do not need the same level of suspicion that, for example, the police need in order to conduct a warrantless search of a person and/or their property, some suspicion of either criminal activity or a violation of a school rule needs to be present. If the teacher, principal, etc. believe a student’s safety is at risk, then searching several students is most likely going to be warranted. However, if the search is based on a violation of a school rule such as the school’s cell phone policies, the search may need to be more limited. Check your Student Handbook to see what it says about student searches and when the suspicion is not confined to one person as your school’s policy should be laid out in the handbook.
(This is information only – not legal advice.)
As this is an old post I have recently come about a situation that puzzles me in terms of this. As I was recently punished for profanity in my high school which I understand is just but I was forced into a search which I found confusing as profanity would have nothing to do with it.I say forced because I was told to either allow them or be suspended.Nothing was found as I am not such a person.There is no way this is right there just isn’t.
Dear Johnny: Talk with the teacher or principal about what happened. To conduct a search of a student at school “reasonable suspicion” that a rule or law has been or is being violated is needed. Teachers don’t have to have the higher standard of “probable cause” as police do before conducting a search. You might also discuss this with your parents to see what they think and how to handle the situation. Good luck.
[This is information only – not legal advice].