In 1985, the Supreme Court for the first time analyzed the application in the public school setting of the Fourth Amendment prohibition of unreasonable searches and seizures. The Court sought to craft a rule that would balance the need of school authorities to maintain order and the privacy rights of students. The questions in this section summarize the decisions of the Supreme Court and of lower Federal courts. School officials should consult with legal counsel in formulating their policies.
What legal standard applies to school officials who search students and their possessions for drugs?
The Supreme Court has held that school officials may institute a search if there are "reasonable grounds" to believe that the search will reveal evidence that the student has violated or is violating either the law or the rules of the school.
Do school officials need a search warrant to conduct a search for drugs?
No, not if they are carrying out the search independent of the police and other law enforcement officials. A more stringent legal standard may apply if law enforcement officials are involved in the search.
How extensive can a search be?
The scope of the permissible search will depend on whether the measures used during the search are reasonably related to the purpose of the search and are not excessively intrusive in light of the age and sex of the student being searched. The more intrusive the search, the greater the justification that will be required by the courts.
Do school officials have to stop a search when they find the object of the search?
Not necessarily. If a search reveals items suggesting the presence of other evidence of crime or misconduct, the school official may continue the search. For example, if a teacher is justifiably searching a student's purse for cigarettes and finds rolling papers, it will be reasonable (subject to any local policy to the contrary) for the teacher to search the rest of the purse for evidence of drugs.
Can school officials search student lockers?