There are restrictions that govern when and how a school can search a locker, even if it is allowed to do so without a warrant.
We’ve all watched enough crime dramas to know what to do if the cops arrive at your door and request to search your property: get up, act outraged, and ask to see their warrant.
After all, it’s your property, and you ought to retain control over what you have until you provide permission or a judge warrants the search. Insofar as you’re not a student, yes.
Teachers and administrators have the right to search you in a school setting without your consent or a warrant.
Students still have rights, though, and being aware of which searches are prohibited may help your child avoid having to before the school board.
Reasonable grounds for search
The Supreme Court ruled in the case of New Jersey v. TLO that the necessity for teachers and administrators to uphold order exceeds the rights of pupils to privacy. However, this does not imply that school personnel can just search anyone at any time.
According to the Supreme Court, a search of a school is only legal “when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of school.”
According to the US Supreme Court, the search must be performed in a way that is “reasonably related to the search objectives and not excessively intrusive in light of the student’s age, sex, and nature of the search.”
Translation of the law
It might be challenging to determine in advance whether a specific search is appropriate. Some searches are obviously illegal, such when a teacher examines a student’s locker out of curiosity or without cause.
A check of a student’s bag is probably not necessary either if the instructor has reason to believe that the kid only has illegal items in his locker.
These guidelines are not rigidly enforced, though. The courts evaluate each case separately since the majority of search cases are difficult with elements that both support and refute the search at the same time.
How the courts approach the Evidence
The following is a list of some factors that the courts take into account when deciding whether or not it was fair to search a student’s or a school locker:
- Is there a secret tip that led to the search?
Courts often don’t have much faith in witnesses who disclose crimes in an anonymous manner. However, even if the instructor doesn’t know the kid and doesn’t recall the youngster afterwards, the tip isn’t anonymous if the student approaches the teacher, reports a crime, and then leaves.
- Who made the report of the offense?
More trustworthy than another pupil is a teacher or parent. When a worried parent alerted the vice-principal that a particular kid had been spotted carrying a pistol, a search was permitted in one instance. The court made it clear that parents who are worried are reliable sources of information.
- When and where did the offense take place?
If a teacher receives information that a student was spotted carrying a gun a year prior, such information does not support searching the kid’s locker. Similarly, if a teacher learns that a kid used marijuana at a friend’s house, such information could not support searching the student’s locker at school.
- Was a specific student or a group of students identified?
If just one student is mentioned, the data is more accurate and the search is more likely to be necessary. On the other hand, the information is less trustworthy if the informant points to a group of pupils without mentioning any specific names.
- What was the nature of the violation?
Numerous of the aforementioned elements are interdependent, especially in light of the sort of suspected infringement. On college campuses, carrying a weapon is treated considerably more severely than carrying a pack of smokes. In one incident, a student accused of fighting allegedly pointed to a different group of pupils and said one of them was carrying a pistol.
The court supported the search of the entire group because the threat of a gun on campus was of the utmost concern, despite the fact that this student’s motivations were dubious (he was attempting to stay out of trouble himself) and that he was unable to identify the specific individual who had the gun.
What if the search is illegal?
If a search was carried out improperly, the results may be excluded as evidence in a criminal case. This right solely applies to criminal prosecutions for students.
The laws of the school board must be followed by the pupil, not the federal laws that apply to American adults. In the case of Gordon v. Santa Ana Unified School District, the administrator unlawfully searched the student’s pockets and discovered marijuana.
The youngster was expelled from school for a year following a hearing in front of the school board. The court determined the search to be unlawful, but the kid was not charged criminally, so he was unable to have the evidence suppressed before the school board hearing. His suspension was therefore maintained.
Practically speaking, it is never a good idea for a student to carry illegal substances around with them, put them in their belongings lockers or handbags. However, speaking with a criminal defense lawyer is the best course of action if a search is carried out without their permission and they are charged as a consequence of that search. If the search can be contested and the material excluded, an experienced attorney can provide wise counsel.