4th Amendment
Does the Fourth Amendment apply to students in school?
Yes!
Is a warrant required before a school official can search a student?
No. School searches are an exception to the usual requirement that officers cannot search without a warrant. The special needs of the school setting can justify a search even without a warrant.
What is probable cause?
Probable cause exists where the facts and circumstances known to an officer raise a “fair probability” or a “substantial chance” of discovering evidence of criminal activity.
What is reasonable suspicion?
Reasonable suspicion requires less than probable cause, and exists where the facts and circumstances known to a school official raise a “moderate chance” of finding evidence of wrong doing.
What does the Fourth Amendment to the United States Constitution mean?
It means that the government cannot make unreasonable, warrantless intrusions into areas where people have legitimate expectations of privacy.
Can a school prohibit disruptive acts that are not illegal?
Yes. Even if a student’s actions are not criminal or illegal, they can be prohibited by a school, especially when they materially and substantially disrupt the work or discipline of school.
Can an anonymous tip provide reasonable suspicion for a search?
Yes, if it is reliable enough. Reliability may be shown if the tip has details that make it seem reliable, if the same person (although unidentified) has provided trustworthy information in the past, etc.
What level of suspicion or belief do school officials need before they can legally search a student at school?
Reasonable suspicion.
Does the Fourth Amendment apply to students in school in the same way as it applies to adults?
No. Students have only a limited expectation of privacy, which must be balanced against the rights of school administrators to maintain order and discipline. The State, in its role as schoolmaster of children, may exercise a greater degree of supervision and control over students than it can exercise over adults.
Will a court change or overrule a legal but unwise school rule or policy?
No. Courts are courts - they are not teachers or principals, and they like to let school administrators determine school standards of conduct without second-guessing them, even if the school’s rules might appear to the court to be unwise.
When is a school official’s search of a student or the student’s property legal?
A school official’s search is legal if it is reasonable under all the circumstances. A school search will usually be found to be reasonable, and thus legal, if: 1) the action was justified at its beginning, such as where the official has reasonable grounds to suspect that the search will uncover evidence that the student has violated the law or the school’s rules; and 2) the search is limited in scope to the circumstances known to the official.
If a school official has reasonable suspicion for a search, can the official search all the students’ belongings?
No. The search must be limited in its scope to the reasons for the search in the first place.
Does the Fourth Amendment prohibit a private person from conducting an unreasonable search?
No. It only protects against acts of the government, not against acts of private parties.
Is probable cause required before a school official can search a student?
No. Probable cause is generally required before a law enforcement officer can search outside the school context for evidence of a crime, but not before a school official can search in school.