Search+and+Seizure


 * The Issue:**

The section deals with the legal aspects of searching students who are thought to be in possession of contraband material. While all areas of school law are important, this area is especially critical due to the potential personal liability an administrator can potentially face. Administrators should be acutely aware of the legal ramifications associated with such a search.


 * The Law:**

The Fourth Amendment to the US Constitution provides for “the right of the people to be secure….against unreasonable searches and seizures, shall not be violated, and warrants shall not be issued, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In the Fourth Amendment test established in //New Jersey v. T.L.O.,// the court established a two-step inquiry method for determining reasonableness of student searches. The first step is that that searches of students by school administrators require “reasonable suspicion”. Further, //New Jersey v. T.L.O//. established that search of a student by a school official is “justified at its inception” if there are reasonable grounds that the search will provide evidence of violation of a school rule. The second step is that the search must be “permissible in its scope”, and not “excessively intrusive in light of the age and sex of the student and the nature of the infraction”.

Regarding qualified immunity, in //Saucier v. Katz//, the courts determined that a two-step analysis must take place to determine qualified immunity. First, the court must ask whether the facts show that conduct violated a constitutional right. Second, if the right was in fact violated, was the violated right “clearly established”.

In //Safford Unified School District v. Redding//, the U.S. Supreme Court found that 13 year-old Redding's Fourth Amendment rights were violated when she was strip searched by school officials who believed her to be in possession of prescription-strength Ibuprofen. The courts based their decision on the search not being "permissible in scope". Regarding the qualified immunity claim, in this instance, the school administrator was found to have immunity, but only because the Fourth Amendment rights of the student had not been clearly established. Future administrators who engage in such practice may not be so lucky as to avoid immunity.


 * Proactive Measures:**

1. If faced with a situation where a search is necessary, make **certain** that "reasonable suspicion" is present, and that the search is "reasonably related in scope".

2. Always document reliable information obtained prior to conducting a search, and make sure at least one other school official is present when any search takes place.

3. Always attempt to notify the legal guardian of a search that is personal in nature (i.e. backpack, pockets) before conducting the search, especially when dealing with a younger school-aged child. Document attempted phone calls if contact can not be made prior to beginning the search.