NCJ Number
160980
Journal
School Safety Update Dated: (November 1994) Pages: 1-4
Editor(s)
J L Arnette
Date Published
1994
Length
4 pages
Annotation
The law and appropriate procedures regarding searches of school lockers, other school property, and students themselves are summarized.
Abstract
Despite court-imposed safeguards on students' constitutional rights, schools have greater leeway in conducting searches than do police officers. School officials are not required to obtain a warrant and are only obligated to meet a reasonable suspicion standard. The U.S. Supreme Court's decision in the 1985 landmark case of New Jersey v. T.L.O. held that students remain free from unreasonable searches and seizures. Thus, school officials must remember that any search of a student creates a Fourth Amendment issue. School administrators should record every fact that could be assessed by a court in determining whether or not the reasonable suspicion requirement has been met. If the T.L.O. standard is met, using a metal detector is legal as a tool to conduct the search. Random or blanket searches through the use of metal detectors are acceptable as long as the school does not use the search as a ruse to target certain individuals or ethnic groups. In determining whether the search is reasonable, courts balance the degree of the intrusion against the severity of the danger posed. Although State laws vary, school officials generally possess a good faith immunity from liability for actions taken while fulfilling their employment responsibilities. However, damages have been awarded against schools and school employees for unconstitutional searches. 18 reference notes