Students Rights -- Search And Seizure
“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated”
-- U.S. Constitution, Amendment IV
“The people have a right to hold themselves, their houses, papers, and possessions free from search or seizure; and therefore warrants, without oath or affirmation first made, affording sufficient foundation for them...ought not to be granted.”
Article 11 of the Vermont Constitution
1. Can a principal or teacher search me?
Yes, if they have “reasonable suspicion” that the search will produce evidence that you are violating the law or a school rule. Also, the search itself must be reasonable based on your age and what is being searched for. Strip searches are prohibited. If you voluntarily consent to a search, the school does not need even reasonable suspicion to justify the search. (You never have to consent to a search, even though you may feel pressure to say “yes.”) A search by school officials requires a “lower threshold” of suspicion than a search by police. Police need “probable cause” and must have a warrant. (But as with school searches, if you consent to a police search, police need no proof you’ve done something wrong.) The U.S. Supreme Court set the rules for school searches in the case New Jersey v. T.L.O.
2. What is “reasonable suspicion”?
Unfortunately, there is no clear definition of “reasonable suspicion.” Reasonable suspicion might be based on a school official hearing, seeing, or smelling something first-hand, or on a tip from a reliable source, that you are breaking a school rule or the law.
3. Can school officials search the entire student body or an entire class just because they suspect one student of wrongdoing?
No. If a teacher or the principal has a reasonable suspicion that someone has drugs or alcohol, that does not mean they can search everyone. They must have “individualized suspicion.” That means school officials must have a reasonable suspicion that a search of a particular student might uncover evidence of a violation of a school rule or of the law. For example, if a school official has some information that some students are using drugs or drinking alcohol, it would not justify a search of all students in a class or at a game. However, if the issue is the safety and security of the entire school, then it may be OK.
4. Can school officials search my locker?
School officials often argue, and school policies often state, that since lockers belong to the school, officials have the right to search them at any time. Courts usually agree -- as long as the school has in place a policy that says student lockers may be searched at any time. Check your school handbook to see if your school does in fact have such a policy. But generally, it’s not a good idea to keep anything in your locker that you don’t want school officials to see.
5. Can the school turn evidence they seize over to police? Can that evidence be used against me in a criminal proceeding?
The evidence gathered by school officials can be turned over to police, but whether it would be admissible in court is another question. That’s because school officials don’t have to meet the usual standard for searching and seizing evidence. A judge may decide the lower standard (“reasonable suspicion”) for school officials is not good enough for court (where the usual standard is “probable cause” and a warrant). The evidence would, however, be admissible if you had consented to the search. And the evidence could be used in any school disciplinary proceeding against you.
6. Can a school bring in drug-sniffing dogs for searches?
Generally, yes. The Supreme Court has held that a sniff of unattended personal belongings is not a search, and thus there is no need for reasonable suspicion. However, some courts have held that when a dog is used to sniff an individual student, it is a search and must be reasonable under the circumstances.
7. Can I say “no” to a search?
Yes. Always remember that you can say “no” to a search (unless you're presented with a valid search warrant).. If you say “yes,” a search that otherwise might have been illegal (say, the principal didn’t have reasonable suspicion) becomes legal. Do not, however, physically resist a search even if you think it is illegal. Just make sure to state clearly that you don’t give permission for the search, and that you’d like another adult present to witness the search and your objection to it. How you respond to a search request may influence sanctions you receive if you're guilty of the offense you're suspected of committing. Schools often stress that a student must take responsibility for his/her actions. Consenting to a search, and even admitting somethng you've done, shows school officials you are willing to do that. The important point to remember, though, is that the Fifth Amendment of the Constitution protects you from having to testify against yourself. "Taking the Fifth" means you are asserting your right against "self-incrimination."
8. What limits are there on police in school?
Police officers need more justification to search students in school than school officials do, even if the officers are there because school authorities call them. Generally, police must have “probable cause” and a warrant to search a student at school (just as with any adult on the street) unless there is an emergency. A police officer may “stop and frisk” a student in school but only if the officer has a reasonable suspicion that the student is armed and breaking the law. Otherwise, to conduct a more thorough search, a police officer must obtain a warrant or place a student under arrest. If you are placed under arrest, you have a right to call a lawyer. And you may always ask to call your parents before any questioning occurs.
9. Can the school make me take blood, urine, or breathalyzer tests for drugs and alcohol?
Generally, the Fourth Amendment protects us from “suspicionless” searches. A “suspicionless” search is one conducted without any reason to suspect evidence of a crime. Conducting drug testing of all students, or all athletes, would mean conducting suspicionless searches. However, in Board of Education of Pottawatomie County v. Earls, the U.S. Supreme Court said it was okay for schools to require all students in voluntary extracurricular activities (including sports, clubs, and events such as proms) to submit to drug-testing. Such tests are not allowed for attending regular classes. An “individualized” search of a specific student whom officials reasonably suspect is under the influence of drugs or alcohol would be allowed, however.
Students Rights Handbook index:
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