Search and Seizure in the Public Schools
Search & Seizure in the Public Schools
To fully understand the role and related responsibilities of search and seizure in the public schools, the Constitutional rights of the students and case law must be examined. The Fourth Amendment of the Constitution states:
The right of the people to be secure in their persons, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The intent of the Fourth Amendment is to guarantee security against unreasonable governmental searches. Because school officials are actually government officials, or employees, the question arises, does the Fourth Amendment protection apply to public schools, and do public school teachers and principals need "probable cause" and a warrant to search, or is some lesser standard of protection for the student appropriate? The courts have almost uniformly said that because of the special relationship to students in the school setting, school officials need only "reasonable suspicion" in order to have a constitutionally valid search. "Reasonable suspicion" is a belief or opinion based upon facts or circumstances that do not amount to proof. School officials also enjoy "qualified immunity" if searches have not been declared unconstitutional or are not against school policy, statutes, etc. They are assumed to be acting in "good faith". The leading case in this area is New Jersey vs. T.L.O. (1985). Fourteen year old freshman in New Jersey, aka T.L.O., was accused of smoking cigarettes in a restroom in her high school. Upon searching her purse, an assistant principal discovered that she possessed cigarettes. In addition, he found cigarette rolling papers, a small amount of marijuana, a pipe, a number of plastic bags, a substantial quantity of one dollar bills, an index card
To fully understand the role and related responsibilities of search and seizure in the public schools, the Constitutional rights of the students and case law must be examined. The Fourth Amendment of the Constitution states:
The right of the people to be secure in their persons, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. The intent of the Fourth Amendment is to guarantee security against unreasonable governmental searches. Because school officials are actually government officials, or employees, the question arises, does the Fourth Amendment protection apply to public schools, and do public school teachers and principals need "probable cause" and a warrant to search, or is some lesser standard of protection for the student appropriate? The courts have almost uniformly said that because of the special relationship to students in the school setting, school officials need only "reasonable suspicion" in order to have a constitutionally valid search. "Reasonable suspicion" is a belief or opinion based upon facts or circumstances that do not amount to proof. School officials also enjoy "qualified immunity" if searches have not been declared unconstitutional or are not against school policy, statutes, etc. They are assumed to be acting in "good faith". The leading case in this area is New Jersey vs. T.L.O. (1985). Fourteen year old freshman in New Jersey, aka T.L.O., was accused of smoking cigarettes in a restroom in her high school. Upon searching her purse, an assistant principal discovered that she possessed cigarettes. In addition, he found cigarette rolling papers, a small amount of marijuana, a pipe, a number of plastic bags, a substantial quantity of one dollar bills, an index card
References: A.S. v State of Florida, 2d 1028 (11th Cir. 2001).