T.L.O., the Supreme Court ruled that students have a limited right to privacy while attending school. The cookies is used to store the user consent for the cookies in the category "Necessary". However, the rights of students must be balanced with the need to maintain a safe and effective educational environment. An internal audit of 20 schools published by The Los Angeles Times found that some schools werent conducting the searches every day. You also have the option to opt-out of these cookies. Ct. filed May 2000). Privacy Policy. In that situation, a random locker search may not even be legal in some jurisdictions. are there great white sharks in the puget sound? She is working on a Ph.D. in journalism. Roughly 160,000 students decide to skip at least one day each year (sometimes without their parents knowing it) because they feel unsafe when going to class. Students have a privacy right in their personal belongings, such as backpacks, and school officials must have reasonable suspicion before searching a students items. If a US school administrator has a reasonable suspicion that a learner is in possession of drugs or a weapon, the principal can search the learner, his belongings, or his locker. 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.". We can definitely help clear some And don't worry, any information we collect is only for our own A random search cannot be used to target any individual student. The US Supreme Court has also stated that the manner in which the search is conducted must be "reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.". Teachers and administrators have the authority to search your computer without your permission or a warrant if you are in a school setting. There is no case on which the Fourth or North Carolina courts have relied. The debate behind locker and backpack searches in many schools revolves around the rights of the students versus the rights of the school. Some searches are clearly illegal, for example, if a teacher searches a student's locker on a hunch or for no reason. 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. They need to have a safe place to store their belongings so that they can safeguard their materials. Locker searches provide students with more confidence in their safety. Although some might decide to keep weapons in their pocket instead, security officials are trained to spot these potential risks when they seem them on school grounds. The lockers belong to the school district and not the student. Prevention of drug abuse, according to this court, does not justify the dog sniffing the person because it intrudes on the expectation of privacy and security (, Drug-testing programs are another form of a random search. The search of a school is justified when there is reasonable suspicion that the student has committed a violation of the law or school rules. If a search was conducted illegally, then the contents of the search may be suppressed in a criminal action. There are schools in Los Angeles where some students carry weapons with them every day as a way to feel save while they are walking to or from classes. However, there's no guarantee that a teacher might not use a search on a student's belongings as a way to carry out a grudge, since the standard for search is so low. Can they search our lockers and backpacks for no reason? When safety is a concern, like a possible weapon on campus, the American Civil Liberties Union of Massachusetts claims that courts usually uphold such searches as reasonable. Teachers and students who are involved with the Los Angeles Unified School District say that randomized searches are less common for students who are in honors, advanced placement, or gifted-and-talented classrooms. 2000). A search of a student can be carried out if there is reasonable . The right of school officials or police to use dogs to detect drugs in students' belongings is well established. 25% of them didnt even have enough wands to perform the searches correctly. Depending on the particular school's policies, items found in a locker could lead to punishment of the student who is using the locker. should schools search students' lockers and backpacks. 2 Why should schools have the right to search students lockers? School administrators conduct a search to gather evidence for school discipline. If there is no probable cause for the search, the child has the right to refuse the search or request that their parents be present. It is a tool that can be localized to suspected students. After a school board hearing, the student was suspended from school for one year. In the United Kingdom, schools have the authority to search students for prohibited items as long as there is a reasonable suspicion that the prohibited item is in the students possession. Its kind of like when your mom searches your underwear drawer for something youre hiding from her in the dresser that she bought, which is in the house that she owns. Why should schools search students lockers and backpacks? There is no definitive answer to this question as it varies from state to state. 1. For example, if a student reported that her cell phone was stolen out of her purse during lunch, it may not be reasonable to search every single student in the school. They help shape our young minds and prepare us for the future. The Fourth Amendment's search-and-seizure protections kick in when people have a "reasonable expectation of privacy" in the thing being searchedlike students' phones and backpacks. Should schools have the right to search . 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. Schools have fought back, maintaining that they have a right to provide safe environments to all students, and must do the searches to accomplish that. Why should schools search students lockers and backpacks? New Jersey v. Schools should be a fair and honest place. Safety threats, once thought to be only an urban problem, are a concern for urban, rural, and suburban areas alike. Bag and purse searches, according to the 4th Amendment, are not permitted to be unreasonable. not LegalZoom, and have not been evaluated by LegalZoom for accuracy, MSU is an affirmative-action, equal-opportunity employer. 1. 1990). Our network attorneys have an average customer rating of 4.8 out of 5 stars. Backpacks' mere presence on school property does not convert them to school property. She has been published in "Grass Roots" magazine, "LifeTimes" magazine and on the websites TeacherWeb and The Teacher's Corner. But . Student search can be a tool for maintaining safe schools, but school administrators must balance students' individual rights with the school community's need for a safe learning environment. Lockers and backpacks are the two places students store things while they are in public high schools. The Fourth Amendment of the U.S. Constitution guarantees protection from unreasonable search and seizure. In fact, because some students may be addicted to drugs, no student should be subjected to random searches. What is responsible for most soil degradation in the prairies of the US? There are certain situations and cases that there can be an exception. School officials have a lot more power when it comes to searching school-owned property. Students belongings are not subject to search at school because school officials do not need a warrant to do so. When you encounter law enforcement officers, you have rights. Not only can backpacks be heavy, but they can also be filled with sharp objects and other items that can cause harm to students or teachers. It is not illegal for a teacher to not allow a student to use the restroom. If a teacher does search a students backpack, they should document the reasons for doing so. Teachers would also no longer have to worry about students being injured as a result of using a backpack. For example, a school official may have reason to believe that a student under the age of 18 just smoked a cigarette in the bathroom if that student recently posted selfies smoking or holding a pack of cigarettes in the school bathroom on social media. If you're in a school environment, teachers and administrators can search without either permission or a warrant. Practically speaking, it is never a good idea for a student to keep contraband on themselves, in their purses or backpacks, or in their lockers. Houston area native Marie Anderson began writing education articles in 2013. This portion of the site is for informational purposes only. If a teacher does search a student's backpack, they should document the reasons for doing so. 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. Generally, if a school owns the lockers, it can search those lockers at any time. School administrators face severe threats to school safety and are simultaneously held increasingly accountable to the public and policymakers to keep students safe. Should schools have the right to search students lockers and backpacks? However, both you and your parent or guardian must agree on this. 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. Whereas an American adult must obey the laws of the government, the student must obey the laws of the school board. The point of having a locker is more than having a place to store your stuff. Typically, to constitute a reasonable search under the law, law enforcement needs a warrant before conducting the search. The principal would pass that two-part test requiring reasonable suspicion because the search was justified from the beginning (the principal had a legitimate reason to believe that you were engaging in illegal drug sales) and the search was reasonable because he only searched your backpack, where the marijuana supposedly was kept. Perhaps the most controversial random search is the use of drug-sniffing dogs in schools. info@mclellanlib.com, 2018 McLellan Online Free Speech Library A search of a student can be carried out if there is reasonable suspicion that the search will reveal evidence. not legal advice. Yes, lockers are school property. The Rating can only be given to attorneys who have practiced at least three years and received at least one review from a non-affiliated attorney. The Universal Declaration of Human Rights also guarantees against "arbitrary interference" with privacy. The primary purpose of student searches is to maintain a safe learning environment. So if you happen to have naked pictures of yourself, pictures of you drinking alcohol, or anything you could possibly get in trouble for on school-owned technology, delete that information from the device! Terms of Use and Michigan Even though they dont have to obtain a warrant, school officials still cant search your things for no reason. The seized evidence then can be used in a criminal trial to convict the student of a crime. All lockers are property of The Imani School. research, and we wont share it or sell it to anyone. If you are suspected of transporting illegal drugs or alcohol, for example, your teacher can search your bag. In fact, if the teacher were to lift a backpack weighing significantly more than his or her own, he or she was more likely to become ill. Students who bring backpacks to class are more likely to arrive on time, have fewer injuries, and have less difficulty with their lockers. Searching lockers could embarrass students and others might make fun of them. 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. | Login. First Amendment rights in an ever-changing technological era. But that doesn't give schools the right to inspect lockers as they please. Use of our products and services are governed by our Objection: Hearsay! Schools have a duty to monitor the lockers that students temporarily occupy, especially if something dangerous or illegal is being kept in the locker. See what others think of this subject and vote on it. At school, students have a right to keep their personal belongings out of the hands of others. Teachers could ask for permission to take a look inside a student's locker, and if the student is okay with that, then it would be fine. This website uses cookies to improve your experience while you navigate through the website. In Gordon v. Santa Ana Unified School District, marijuana was found in an illegal search of the student's pockets by the principal. The lockers belong to the school district and not the student. Generally speaking, students' belongings can be searched without a warrant if school administrators have reasonable suspicion. When Can the Police Stop and Frisk You on the Street? 1999). We already said that schools need reasonable suspicion to search your belongings, so what would that look like? She has a Bachelor of Arts from George Washington University, where she was an English major. online to students nationwide at the click of a button. 564 N.W. Even when students are discouraged from keeping personal items in their locker, there are some essentials that we all need to get through our day sometimes. When a marriage ends, it's important to take the necessary legal steps to formally terminate the relationship. If you are suspected of having a weapon or drugs, police have the authority to search you without your consent. Greg Campbell/Getty Images Entertainment/Getty Images, Copyright 2023 Leaf Group Ltd. / Leaf Group Education, Explore state by state cost analysis of US colleges in an interactive article. Yes, lockers are school property. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. However, they can also contain dangerous things like drugs or weapons. Richard McLellan, Michigan attorney and advocate of free speech, case made it legal for school officials to search a student's property or belongings, such as backpacks, lockers or cars, as long as there is "reasonable suspicion" that a student broke a school rule or committed a crime. State of New Hampshire v. Drake, 662 A.2d 265 (1995). Schools do not need probable cause to search a locker. LegalZoom provides access to independent attorneys and self-service tools. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Locker searches might feel invasive to some students and families, but they are also a way to establish a level of trust. In many cases, the decision of whether or not to search a students backpack is left up to the discretion of the school administration. To be justified at inception, or in other words, justified from the start of the search, the school has to believe that the search will result in showing that the student violated, or is violating, the law or school rules. What defines suspicion can vary between districts, but it is usually an agreed-upon term between parents and officials upon enrollment. During two school years in Los Angeles, the Unified district confiscated a total of 37 knives, 18 containers of pepper spray 16 razor blades, three shanks, two box cutters, and even a stun gun. 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? A warrant requirement, according to a recent ruling, should be eliminated from school grounds. It creates a level of trust in the school that can facilitate more learning opportunities. As a student, you have the same right to privacy as a private residence. There are many schools to choose from and each offers a different type of training. 4min read. According to the U.S. Supreme Court case, Tinker v. Des Moines, students do not "shed their constitutional rights" when they are in school. Schools should be a fair and honest place. Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. It's important that you know what they are. 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. 1996). Why are locker searches bad? The Court has even noted that, School officials need only reasonable suspicion to search students in public schools, but sworn law enforcement officials normally must have probable cause to search students. Why should schools have the right to search students lockers? In a survey done by the National Institute of Justice, 55 percent of schools reported that they have used locker searches in . 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. The following is a list of some questions the courts consider to determine whether or not a search of a student or school locker is reasonable: In general, courts don't place a lot of confidence in people who report crimes anonymously. A students privacy rights apply to his or her personal belongings, such as backpacks, and school officials must have a reasonable suspicion before searching them. If you are concerned about locker searches in your school, the only available option to avoid this issue is to opt out of having a locker or not putting anything in there in the first place. 2020 Leaf Group Ltd. / Leaf Group Media, All Rights Reserved. Personal items should be kept in purses or backpacks rather than lockers, for example. If a student or family doesnt like the idea that they are voluntarily submitting to random locker searches, then they can decide to forego the use of this tool while they are at school. should schools search students' lockers and backpacks. In fact, an administrator will not incur civil liability unless his or her conduct violates clearly established statutory or constitutional rights (. If students don't feel they have a safe space at school, they have a lessened tendency to work hard, go to class, or even enter the building. Schools should be prohibited from searching students backpacks without their permission or a warrant, as this violates the students right to privacy. Teachers, administrators, parents, and kids all generally agree that one of the easiest ways to prevent violent incidents on school grounds is to perform periodic locker searches. Backpacks' mere presence on school property does not convert them to school property. Some schools have installed metal detectors in an attempt to reduce school violence. So schools are not required to get a warrant before searching a students belongings. 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.