Carolina Alliance

        For Fair Employment

           (C.A.F.E.)

Retirees and Teachers

Searches of Students at Public Schools

   The U.S. Constitution, Amendment IV, reads as follows:

"The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, 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."

The 4th amendment does apply to students while they are in school.

Only searches by government officials (including police, deputies, and school employees) are protected by the 4th amendment.

When students are ordered to empty their pockets, bags, or purses, these are considered "searches" under the 4th amendment.

If students consent to have their pockets, bags or purses searched, there is no 4th amendment violation, as long as the consent is truly voluntary and not a product of intimidation.

In order for a search of a student's person or personal property to be legal, the government official (police officer, school official) must have "individualized suspicion" that a crime or rule violation has occurred.  This is a common sense standard and means that there must be some good reason for the official to search this particular student (e.g. witness saw a student in possession of drugs, a weapon, etc.)

The requirement of "individualized suspicion" to justify a search is why most group or mass searches are illegal.

It is important to review the student handbook at your school to see if there is a section on searches.  If there is, be sure that "individualized suspicion" is part of any school rules although even if it is not written in the manual, the US Constitution overrides the school's rule about searches.

A clear policy on student searches consistent with 4th amendment standards can be helpful to the school administration and parents and students.  Some students and parents may think that the students can't be searched at all while they are at school.  Some school officials may think that students don't have 4th amendment rights while at school.  Both groups are wrong.