New Jersey v. According to the U.S. Supreme Court case, Tinker v. Des Moines, students do not "shed their constitutional rights" when they are in school. This combination of factors works to create a safer environment for everyone because those who are at a higher risk to commit violence are spotted earlier, while any contraband items that do exist can be confiscated immediately. Get legal help with matters related to work and residency. Why should schools have the right to search students lockers? Four students huddled together, one with money in his hand and another with his hand in his pocket, does not provide reasonable suspicion (, An anonymous phone call advising an administrator that a student will be bringing drugs to school, coupled with the student's reputation as a drug dealer, creates reasonable suspicion to search the student's pockets and book bag (, A report made by two students to a school official that another student possesses a gun at school constitutes reasonable suspicion to search the student and his locker (, An experienced drug counselor's observation of a student who appears distracted and has bloodshot eyes and dilated pupils justifies taking the student's blood pressure and pulse (, The fact that the search of all but one student in a class fails to reveal allegedly stolen property gives school officials reasonable suspicion to search that student (, The odor of marijuana in the hall does not provide reasonable suspicion to search all students' book bags, purses, and pockets (, Although the legal standard for reasonable suspicion is clear, the application of it in different contexts is not always as clear. 1998). Can A School Teacher Get Mentally Discharged, How To Choose The Right Pilates Teacher Training School, The Best Places In The World to Seek Practical Education, 4 Ways Teachers Can Improve Their Performance in the Classroom, The Unique And Rewarding Experience Of Teaching At A Christian School, What To Do Before The School Year Starts Teacher, How To Teach High School Genetics: A Guide. Schools should be a fair and honest place. Backpacks' mere presence on school property does not convert them to school property. These can include harmless personal items like diaries, love letters and photographs. Among the non-weapon items that were confiscated, there were 137 pairs of scissors that could also be used as weapons, 73 instances of illegal drugs, and 56 over-the counter medications. Should schools search students' lockers and backpacks? Some states have laws that specifically allow schools to search students backpacks, while other states have laws that prohibit searches without probable cause. Observers note that these demographics typically have more Caucasian students than other classes, so kids who are part of a racial or ethnic minority are usually targeted more often for a search. In essence, the presence of a backpack on school property does not convert it to property. Schools should be a fair and honest place. Pros and Cons of School Locker Searches - Synonym This cookie is set by GDPR Cookie Consent plugin. Florida v. In that situation, a random locker search may not even be legal in some jurisdictions. The Los Angeles Unified School District is the largest in the world that requires every middle- and high-school campus to conduct daily random searches for weapons. T.L.O., the Supreme Court ruled that students have a limited right to privacy while attending school. There is no definitive answer to this question as it varies from state to state. rights. 2d 919 (N.D. Texas 2001). 14 Huge Pros and Cons of School Locker Searches - ConnectUS In fact, most courts conclude that such detection is not a search because the dogs merely sniff the air around the property and that students do not have an expectation of privacy in the air around their belongings. Depending on the specific regulations that govern that particular school, students can be held responsible for anything found in their lockers. A search that was illegal 20 years ago now may be a legal search. State of New Hampshire v. Heirtzler, No. Some feel this is an invasion of privacy, and several arguments have been posed against this practice. The guidelines state that any principal or his or her delegate may search any learner or the property of any learner for any dangerous object, alcoholic liquor or illegal drug, if the principal reasonably suspects the presence of a dangerous object, alcoholic liquor or an illegal drug on the school premises or during a . Although lockers may be considered school property on loan, and therefore subject to a lessened standard of search, backpacks are purchased and owned by the student and should be considered personal property. Since most search cases are complicated with factors that justify and nullify the search at the same time, the courts consider each case individually. From a generalized standpoint, the lockers that students use when attending school are the property of the district, not the student or their family. The school cannot search a students phone without a search warrant if the student owns a personal phone. See disclaimer. That student must have given the school a legitimate reason for searching the backpack, such as potentially having a weapon or illegal drugs in the backpack. In 1995, the Supreme Court upheld a drug-testing program for student athletes because the school had a documented drug epidemic; participation in athletics was optional; the athletes had a lessened expectation of privacy because they participated in communal showering; the athletes had a heightened risk of injury; the athletes were the leaders of the drug culture; the testing procedure was minimally intrusive; and the consequence of a positive test was not discipline but treatment (, Until the Court provides guidance on drug-testing programs beyond the facts of. It is acceptable for lockers to be borrowed by the student, but backpacks purchased and owned by the student should be considered personal property as well. In the final analysis, school personnel should balance the student's expectation of privacy with the school's unique need to create and preserve a safe learning and working environment. If the same student receives a random search repetitively, then others may see them as a troublemaker even if the only intention of that child is to go to class to learn. In California, schools are only permitted to search a phone if there is any indication of a violation of a rule, such as cheating on a test. Many of these locker searches pros and cons involve a balance between the rights of the student and the need for the school to provide a safe environment for learning. . If a teacher suspects that a person has contraband only in his locker, then a search of that student's backpack probably isn't justified either. Officials conduct random or blanket searches not because of individualized suspicion, but as a preventive measure. The school tragedies in these communities brought the threat to school safety into the public conscience and moved school safety onto the U.S. public agenda. One tool for keeping schools safe is the use of student searches. Teachers and administrators may search a students room or office without the students consent or a warrant. 4. When it comes to your personal belongings, school officials have less of a right to search those items than something like a school-owned locker. These locker searches pros and cons put students into a Catch-22 situation. A teacher must manage students and their learning and more than not a student can wait for the appropriate time for a restroom break. should schools search students' lockers and backpacks. Students have a privacy right in their personal belongings, such as backpacks, and school officials must have "reasonable suspicion" before searching a student's items. Schools are trying to protect the privacy rights of their students as much as they can by only performing locker searchers when there is a reasonable suspicion that they have done something wrong. completeness, or changes in the law. LegalZoom.com, Inc. All rights reserved. Even so, students still have rights, and knowing which searches are illegal might just save your child some time in front of the school board. Although this student's motives were suspect (he was trying to avoid trouble himself) and although he couldn't identify which particular person had the gun, the court justified the search of the entire group because the threat of a gun on campus was of paramount importance. What does it mean that the Bible was divinely inspired? Laws and regulations are in place in each city, state, and school district regarding governing bodies' stance on students' rights versus schools' rights. If you are suspected of having drugs, a weapon (such as a knife), or something stolen on you, police may search you without your consent. Since most search cases are complicated . If a teacher does search a student's backpack, they should document the reasons for doing so. There can be inconsistencies on how the searches are performed. Even so, students retain some of their rights, including the right to know whether or not searches are illegal. Examples of random searches include the use of metal detectors in school entrances and sweeps of parking lots and lockers. LegalZoom provides access to independent attorneys and self-service tools. In fact, because some students may be addicted to drugs, no student should be subjected to random searches. One of these protections that is limited is the right to privacy. Schools have the right to conduct a search if they have reasonable suspicion that the student is under the influence of drugs or other illegal activities. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. The cookie is used to store the user consent for the cookies in the category "Analytics". Some searches are clearly illegal, for example, if a teacher searches a student's locker on a hunch or for no reason. This cookie is set by GDPR Cookie Consent plugin. But what happens when a teacher is no longer able to do their job? Some school policies or state regulations, however, may require that they advise students of their rights. The statistics of school violence are almost overwhelming in the United States. Thank you, Fourth Amendment! 3. The courts have recently expanded the right of school officials to conduct student searches, resulting in part from recent acts of school violence and heightened public scrutiny. Q&A regarding the searches of student cell phones. You have0 freearticles left this month. Students may stop bringing items to school. Voice you opinion on whether students should be subject to backpack and locker checks. They shouldnt be worried about what one of their classmates is pulling out of their backpack when they are sitting down to study. A search of a student can be carried out if there is reasonable . But opting out of some of these cookies may affect your browsing experience. If you wouldnt want your parents or guardians to see certain information, you probably shouldnt be keeping it on or in a school-owned item. The point of having a locker is more than having a place to store your stuff. Miller v. Wilkes, 172 F.3d 574 (8th Cir. If your locker is considered personal property, then your school may not search your locker unless it has a "reasonable suspicion" that it may find something against the law or school rules. Know Your Rights: Searches of Students | ACLU of Northern CA Privacy Policy. Some school policies require students to provide consent to a search or risk discipline. Typically, to constitute a reasonable search under the law, law enforcement needs a warrant before conducting the search. Because students may keep personal items in their lockers, such as photographs and personal letters, even a search with the best intentions can appear to be a major breach of trust by teachers and administrators, causing a rift between the student body and the faculty.. Can a teacher legally search your bag? To get a search warrant, police officers have to convince a judge that they have a good reason to search someones house or belongings. It can have a negative impact on homeless students. Get the right guidance with an attorney by your side. This is because there is a heightened expectation of privacy when it comes to personal belongings, and searching through someones personal belongings without their consent is a violation of that privacy. She specializes in food, politics, and history articles and has written for Answerbag and eHow. Providing students with their own space, like a locker, serves as an anchor in the school setting. That is entirely legal and nothing to be concerned about. The McLellan Online Free Speech Library connects students and This rule is the reason that schools do not violate students privacy rights when they conduct random police searches using sniffing dogs. If a student consents to the search of her purse, for example, an administrator may not search her locker unless the search of the purse provides probable cause or reasonable suspicion to search the locker. 5. For the search to be reasonable, the school needs to show (1) the search was justified at inception and (2) the search was reasonable in regard to the circumstances that triggered the search. Generally, if a school owns the lockers, it can search those lockers at any time. The Supreme Court has already ruled that these random searches are Constitutional in the United States, but the potential damage they can cause to a students reputation can be severe. Ct. filed May 2000). This means that a school official cannot just randomly stop a student in the hall and force that student to hand over their backpack for a search. | Login. A student's right to free speech, press, . For example, if a teacher overhears students discussing that they have a knife at school, school officials would be able to legally search the students' belongings because the comment overheard by the teacher gives them "reasonable suspicion.". Backpack and Locker Searches in Public High Schools Can school officials search students backpacks? Students have privacy rights while in school, but these privacy rights are limited compared to the privacy rights people have outside of schools. program in the country focused on protecting student speech and press School authorities should follow basic procedure that the police do, requiring "probable cause" to search someone's belongings. The courts claim that metal detectors are not an unreasonable search and using them in schools is just as valid as using them in airports. If one student is named, then the information is more reliable and the search is more likely to be justified. should schools search students' lockers and backpacks The school has access to your locker, desk, and bag. We suggest keeping personal items that are not illegal, such as tampons, condoms, birth control medications, etc., in a purse or backpack that is a little more personal than a locker.