Do school officials have the authority to search students and their property while they are in school?

Yes. Schools may conduct searches of students and their belongings at school. However, because school officials act as representatives of the state, their actions are held accountable by the 4th Amendment’s protections against unreasonable searches and seizures.

Given the need to maintain a safe learning environment, school officials do not need to obtain a warrant before searching for a student who is under their authority.

Whether any search by a school official is legal depends on its reasonableness.  A school search is reasonable if:

(1)   the search is based on reasonable suspicion the student violated the law or rules of the school;

AND  

(2)   the scope is reasonably related to the initial purpose of the search and not excessively intrusive (when considering a student’s age, gender, and nature of the infraction).

For example: The U.S. Supreme Court has found that the search by the vice principal of a student purse for cigarettes was reasonable when a teacher found the student smoking in the bathroom. The actions of the school official were reasonable and did not violate the 4th Amendment. New Jersey v. T.L.O., 469 U.S. 325 (1985)

A strip search by a vice principal of a student who was accused by other students of drug dealing is unreasonable and unnecessarily intrusive when an initial search of the students backpacks and pockets did not result in any contraband and there was no reason to believe the drugs would be found in the students’ garments. Safford Unified School Dist. No. 1 v. Redding, 557 U.S. 364 (2009)

As a student, it is easy to feel like you are indefensible. If you feel like your rights were violated while in school, we are here to help you understand your options. Just like police officers, school officials must be held accountable for their actions.

Today, it is not enough to simply know your rights; you need to understand how Courts have interpreted those rights in the past to understand how they apply to you today.

To protect your freedom, understand your rights.

Legal Disclaimer: This information is provided for educational purposes and is not legal advice. If you have questions regarding a legal matter, please contact our office for assistance or reach out to an attorney who may be able to help you understand how the law may apply to different circumstances.