School Searches

Why are searches necessary?

Drugs and weapons in our schools are no longer a random example of poor schools in big cities. The simple fact that there have been so many court cases involving drugs and weapons searches in the past twenty years indicates an increasing responsibility on the part of school administrators to deal with safety in their schools.  Many schools throughout the country that have witnessed drug and weapons problems have adopted search policies that enable them to maintain a safe environment in their schools.

What is the law?

The basic rule laid down by the Fourth Amendment is this: Police officers have  no general right to search for or seize evidence or seize (arrest) persons.  Except in particular circumstances, they must have proper warrant (a court order) obtained with probable cause (on reasonable grounds).  This guarantee is reinforced by the exclusionary rule, developed by the Supreme Court: Evidence gained as the result of an unlawful search or seizure cannot be used at the court trial of the person from whom it was seized.  (McClenaghan, 2000, p 737)

Do school officials need a warrant or probable cause prior to conducting a search?

Schools have a substantial interest in maintaining security and order in the classroom and on school grounds.  The Court has determined that this interest justifies a more flexible standard of reasonableness for searches of students that are conducted by school officials as opposed to law enforcement officers.  Thus, the court has held that school officials, unlike the police, do not need to obtain a warrant prior to conducting a search.  Nor do they need probable cause to believe that a violation of the law has occurred.  "The constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings.  (McClenaghan, 2000, p 467, 767)

New Jersey v. T. L. O., 1985  / Hazelwood School District v. Kuhlmeier, 1988

Bethel School District #403 v. Fraser, 1986

What is required before school officials can conduct a search?

In order to conduct a search, school officials need only a "reasonable suspicion that the search will turn up evidence that the student broke the law or the rules of the school.  To be permissible, the scope of the search must be such that the measures used are reasonably related to the purpose of the search, and not excessively intrusive in light of the age and gender of the student and the nature of the suspected infraction.  It requires more than general suspicion, curiosity, rumor, or a hunch to justify searches of students and their possessions.  It includes the observation of specific and describable behavior leading one reasonably to believe that a particular student is engaging in or has engaged in prohibited conduct, but it must be within limits.

In re Guy Dumas, a Minor,  1986  /  People v. Scott, 1974

For example, a search of a student,s jacket or book bag requires less suspicion than a physical pat-down or, at the extreme, a strip search.  Courts consider strip searches to be highly intrusive of an individual student's privacy; thus, they should be premised only on probable cause.

Cason v. Cook, 1987  / Bellnier v. Lund, 1977  /  M.M. v. Anker, 1979

However, students do have legitimate expectations of privacy in school property such as lockers desks, or other areas provided for the storage of school supplies and/or personal belongings.  At a minimum, school officials may search all such areas when they have reasonable grounds for suspecting that such a search will reveal evidence of illegal activity or a violation of school regulations.

Webb v. McCullough, 1987

However, when the school retains joint control over the student lockers, maintains duplicate or master keys for all lockers, and reserves the right to inspect lockers at any time, it is reasonable especially when a policy of inspecting lockers or other school property is adopted.  (Fischer, 2003, p 247-255)

Can school officials conduct vehicle searches?

School officials may search a student,s vehicle that is left in a school parking lot or on school grounds when they have reasonable grounds for suspecting that the search will disclose evidence that the student has violated or is violating either the law or the rules of the school.

Shamberg v. State of Alaska, 1988

Suspicionless vehicle searches must be done uniformly or by systematically random selection, such as every third or fourth car.  Some sort of vehicle identification, such as numbered stickers, would also benefit such a search when suspicious materials are found.  This can and should be outlined in a policy.

Is a search permissible with the consent of the student?

Keep in mind; if a student consents to a search, the search is permissible, regardless of whether there otherwise would be reasonable grounds for the search.  However, school officials should be extremely cautious in basing a search on a student,s consent.  For a search based on a student,s consent to be valid, such consent must be given knowingly and voluntarily.  Establishing whether a student,s consent was voluntary can be difficult and the burden remains with the school official to so prove.If a student agrees to be searched out of fear or as a result of other coercion, that consent will probably be found invalid.

Shamberg v. State of Alaska, 1988

If a student refuses to consent to a search, school officials still may conduct the search as long as there are reasonable grounds to justify it.

What are some other search techniques?

Dogs: Trained narcotics dogs to sniff objects may be used at any time and without any particular suspicion by the school official because it does not translate into a search, therefore there is no need for a warrant.Searches must be conducted in a random manner and not pinpointed to one particular area.Again, school policy should dictate the procedure.Doe v. Renfrow, 1981-- Horton v. Goose Creek Independent School District, 1983

K-9 drug dogs can carry a very powerful message to students as a deterrent for even bringing drugs into the school building.  It shows the students how serious this matter can become.  Many schools invite the police and their K-9 counterparts into school assemblies to prove to the students how successful they really are.  K-9 drug dogs can detect drugs, alcohol, drug paraphernalia, gunpowder, medications of any kind, etc.

Metal detectors:  Although the courts have not yet come to any clear stand on the issue, it is likely that schools may be allowed to use magnetometers to protect the school setting from dangerous weapons.  It must be noted however, that it will probably be more likely to be seen as reasonable in schools which have had a history of violence with weapons in school.  In re F. B., 1995 / Commonwealth of Pennsylvania v. Heron, 1996

http://www.doe.state.in.us/legal/1996/07-09/01.html

Recommendations: It is critical for any school system to at least consider having a search policy in their school to protect their interests.Even though the Fourth Amendment protects our "reasonable suspicion, it is the responsibility of the school officials to maintain a safe learning environment.One should consider the ramifications of not having a policy before looking ahead.It is recommended however, that school officials contact their school attorney, or the State attorney, before implementing a search policy within their district.

References

McClenaghan, William A., American Government, Prentice Hall, 2000.

Fischer, Schimmel, and Stellman, Teachers and the Law (6th Ed.), Allyn & Bacon, 2003.

http://www.ed.gov/offices/OSDFS/actguid/searches.html

http://sbo.nn.k12.va.us/resources/handbook/08searches.shtml

Assignment: Email your answers to the following two scenarios to the instructor.

Case Scenarios

1) A high school principal finds a student hiding between two buildings on school grounds during class time.  The school principal ordered a search of the student's book-bag.  As a result of the search, the principal found cigarettes and alcohol inside the bag and followed the drug and alcohol policy of the school whereby suspending the student. Did the principal have reasonable suspicion to search the bag?

Cales v. Howell Public Schools, 1985

2) A high school teacher, who had heard many rumors of a particular student bringing drugs to school, requested the search of the student's book-bag and jacket.  As a result of the search, the teacher found several marijuana packages in the book-bag.

• Did the teacher have a reasonable suspicion to search the student?
• Was there a threat to the safety of the school environment?
• Was the search lawful?

People v. Scott, 1974