We previously covered the standards of school searches from the perspective of administrators. It is also important to review the constitutionality of investigations from another key individual’s point of view — the student that is being searched. As shootings, bullying, and violence are on the rise, teachers and administrators will intensify their efforts to keep students safe. Though security and safety issues are critical, searches must still comply with an individual’s civil rights, even if that individual is a minor.
If you or your child was searched in violation of your rights under Federal or Illinois law, it is important to consult with a criminal defense attorney about any criminal charges resulting from it. You can also read on for an overview on school searches from the student’s point of view.
New Jersey v. TLO Set the Standard on School Searches
A 1985 case, New Jersey v. TLO, decided by the Supreme Court of the US (SCOTUS) remains the standard for student searches at all grade levels. In the Supreme Court case, a high school student was searched by her principal after she denied smoking in an on-campus restroom. The search produced marijuana, cash, and other items that indicated she was selling drugs on school grounds. She was arrested, but raised her Fourth Amendment rights as a defense. By law, any evidence obtained through an unlawful search or seizure is inadmissible in court if that search is conducted by a government official. The trial court disagreed, and TLO’s conviction was upheld through the appellate process.
When the case reached SCOTUS, the Justices ruled against TLO based upon the Fourth Amendment’s “reasonableness” standard: If the person being searched has a reasonable expectation of privacy under the circumstances, any evidence illegally obtained by a teacher, who is a government official, must be excluded at trial. The decision stated that students have a reduced expectation of privacy at school, so the search and resulting conviction was deemed lawful.
Two Factors on Reasonableness in Student Searches
In the years since the decision in New Jersey v TLO, courts have developed a test to determine whether a search is reasonable. Based upon the reduced expectation of privacy at school, there is no need to show probable cause to search a student. Instead, the two-part test focuses on:
- Whether the search was justified when it began. This factor requires the school official to have a reasonable suspicion of the presence of criminal activity, or a violation of school rules. For instance, if there is no smell of smoke, a teacher could not search a student on suspicion of smoking.
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Whether the search was reasonable in scope. The search must be linked to what the official was attempting to find. As an example, the scope may not be reasonable when a teacher searches a student’s wallet looking for a gun. However, it could be reasonable when an official searches a purse or backpack because a firearm could fit within a bag.
Consult with a Knowledgeable Criminal Defense Lawyer About Unconstitutional Searches
For more information on student rights in school searches, please contact Glasgow & Olsson. Our experienced attorneys can tell you more about potential defense strategies after reviewing the details of your case. You can call 847.577.8700 or fill out an online form to schedule a consultation.
(image courtesy of Joshua Hoehne)