School Searches
School searches are searches inside of public schools. During these searches, school officials may search lockers, students or student property. These are a unique situation because of the following reasons:
a) Only reasonable suspicion is needed for a search to be done, probable cause or proof is unnecessary.
b) The safety and need for a proper learning environment of the students overrides their fourth amendment right to privacy.
c) The age of the student counts against their rights to have privacy, as they are minors attending a governmental institution in a public school system.
The search must only meet two criteria:
a) The search must be justified at its inception
b) The search must be reasonably related to the circumstances which justified the interference
However, it is noted that the suspicion must be reasonable. If there is no reason to suspect someone, the person cannot be searched legally.
Posted by: J. Michael Threadgill on 2/24/2008
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Law Office of J. Michael Threadgill
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