SEARCH AND SEIZURE IN PUBLIC SCHOOLS
United States Constitution Amendments u Fourth Amendment – prohibits “unreasonable” searches and seizures u Fifth Amendment – protects right to due process of law, and affords freedom from self-incrimination
Search and Seizure Police Officer u Associated with investigating criminal activity u Must meet probable cause standard u Usually requires application of a search warrant u Should exercise care in acting on school administrator’s request to search u Can attend a search by school administrators without triggering probable cause standards in search
Search and Seizure School Administrator u Acts in “loco parentis”, serving as guardian of the school community u Must meet “reasonable suspicion” standard, either violating school policy or law u Able to investigate u Must inform student or employee what the allegation is and the evidence behind it u Must afford the student or employee a chance to tell their side of the story – medium based on severity of allegation u Scope of search must be reasonable u Lacks criminal enforcement power u Private schools have much greater leeway
Plain View Doctrine u Contraband items in plain view can be seized by either school administrators or police without probable cause, reasonable suspicions, or a warrant.
Consent Searches u Both school officials and police officers may conduct searches without reasonable suspicion or probable cause if the student or employee consents u Voluntariness of consent is based on circumstances u Search must be within the boundaries of the consent u Officials are not required to tell the student/employee they have the right to refuse consent
Random Searches u Subject to reasonable suspicion standard u Conducted mainly as a preventative measure to ensure safety of school population (ie: drug dog, metal detector, drug-testing) u Authorized by school administration
Search and Seizure Final Thoughts u There is no definitive blueprint for what constitutes a legal search u Articulation and documentation are ESSENTIAL u Clear search policies, based on the importance of maintaining a safe learning environment , are key justification for searches. u Communicating warnings and obtaining acknowledgements from parents and students strengthen your defense of search actions
Sources u Center for Public Education (CPE) u Educational Leadership (EL)
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