Many people have turned to vape pens as an alternative to smoking tobacco, but the trend is also on the rise among students who use them to inhale marijuana and other controlled substances. Schools are cracking down on vaping by increasing the frequency and extent of school searches. This conduct raises constitutional questions regarding the limits of public officials because unlawful searches are prohibited by civil rights laws. Learn more from a knowledgeable criminal defense attorney who focuses on student searches at school, and read on for some important information.
Standards for Searching Students
Section 6 of the Bill of Rights within the Illinois Constitution states that people have the right to be secure in their persons and certain designated places. Therefore, searches that intrude upon that privacy are unlawful. In non-school searches, the key question is whether someone has a reasonable expectation of privacy.
Through a series of US Supreme Court and Illinois cases, the findings have established a lower standard for searches of students in the school setting. Instead of the “probable cause” standard and requirement to obtain a warrant, the critical factor is “reasonable suspicion.” Privacy is still a consideration, but this lowered standard means public officials – including school administrators, teachers, and other officials – can conduct searches that would normally be barred elsewhere.
The reason for the reasonable suspicion standard, as opposed to probable cause, is that the U.S. Supreme Court has recognized the need for schools to maintain a safe environment for students. This public policy outweighs a student’s right to be free from unlawful searches.
Vape Pen Use and Student Searches at School
Under the reasonable suspicion standard, courts look at two factors:
- Whether the search was justified from the beginning: Here, the key is whether there are reasonable grounds to believe that the student is in violation of the law or school rules. In the specific context of vape pens, the student may be violating the law or school policy by inhaling THC-based “vape juice” or other controlled substances. If a school has implemented relevant rules, using a pen is a violation. If school officials have a reasonable suspicion regarding either scenario, the search would meet this part of the test.
- Whether the search was reasonable in scope: With this factor, the focus is on whether the surrounding circumstances are related to the objectives of the search. Plus, the search cannot be excessively intrusive given the student’s age and gender. The nature of the alleged offense is also a consideration for reasonableness of the scope. Reasonable suspicion will vary greatly depending on the circumstances. According to a JAMA survey, one in 11 middle and high school students admit to vaping marijuana. This means school officials may have grounds to search students of almost any age. The nature of the alleged offense – a child using marijuana – is serious, which could also justify a search. Ultimately, the determination is case-specific.
Discuss Student Searches with an Experienced Criminal Defense Lawyer
For additional information on vape pens and school searches, please contact Glasgow & Olsson by phone or visit our website. We can provide more details on the relevant legal concepts and civil rights issues after conducting an initial consultation.
(image courtesy of Thomas Stephan)