The Legal Lookout
Protecting campus without going too far
Mar. 14, 2023
School administrators are charged with the difficult task of ensuring that the school environment remains safe for all to learn. In the era of school violence, this can mean remaining vigilant about students bringing weapons to school. However, it can also mean preventing illegal substances or other types of inappropriate materials from coming to campus. The problem arises when a school administrator is required to search students in order to maintain a safe learning environment. First of all, school administrators do not need to reach the same standard as law enforcement officials in order to conduct a search. Law enforcement officers need probable cause, while school officials need reasonable suspicion in order to conduct a search. Probable cause means a reasonable person believes a crime is being committed, has been committed, or was going to be committed. Reasonable suspicion requires only something more than an "unarticulated hunch." It requires facts or circumstances that give rise to more than a bare, imaginary, or purely conjectural suspicion. Reasonable suspicion is a step before probable cause and requires only that it appears that a crime has been committed where probable cause is obvious that a crime has most likely been committed.
The Supreme Court case that governs most of the procedures regarding student searches comes from New Jersey v. T.L.O. (1985). The core tenets of this holding are that: 1.) Students do not shed their rights at the schoolhouse gate, 2.) School officials are subject to the Fourth Amendment’s prohibition against unreasonable searches and seizures, 3.) School administrators do not need a warrant to conduct a search, as long as it is reasonable under the circumstances. The italicized portion is important to note. School administrators must keep mind the circumstances in order to not violate the rights of the student, such as age and what contraband the search may yield. Requiring a second grade student to empty all personal belongings and searching all garments for a plastic straw that he or she used to shoot spit wads during lunch is probably excessive. However, searching a student’s gym bag for a knife seen by a teacher most likely meets the standard. Strip searching students is not recommended under any circumstances. If the situation necessitates that type of search, it is best to contact law enforcement and the parents. School administrators must remain vigilant to keep the campus safe but must not be over-zealous in retrieving contraband that it violates student rights.
This article is the author’s opinion and is not legal advice. As always, consult with your attorney on specific legal issues.
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