Earls v. Board of Education of Tecumseh Public School District, 242 F.3d 1264 (10th Cir. A court has previously stated that when school officials use a cell phone that violates school policy, such use does not automatically grant them the right to search for whatever they want on the phone for the rest of their lives. Use of our products and services are governed by our These can include harmless personal items like diaries, love letters and photographs. ASCD empowers educators to achieve excellence in learning, teaching, and leading so that every child is healthy, safe, engaged, supported, and challenged. Can they search our lockers and backpacks for no reason? Students trust teachers to carry out searches with objectivity as disinterested parties. should schools search students' lockers and backpacks Students may not fully trust the adults in their lives when they go to school. Why should schools search students lockers and backpacks? What does it mean that the Bible was divinely inspired? An internal audit of 20 schools published by The Los Angeles Times found that some schools werent conducting the searches every day. Teachers are relieved of the need to lift backpacks that are too heavy, and students can organize their belongings in a more organized manner. Do schools have the right to search students' lockers? To be justified at inception, or in other words, justified from the start of the search, the school has to believe that the search will result in showing that the student violated, or is violating, the law or school rules. Many school districts have been granted in the place of the parent rights. When parents send their kids to school, then in many jurisdictions there is a transfer of parental rights that occurs on a temporary basis. The divorce process can be a particularly emotional and vulnerable time. This website uses cookies to improve your experience while you navigate through the website. This process is called in loco parentis, or in place of the parent. It grants the administrators at the school the same rights as a parent to inspect student property without violating their civil rights. We already said that schools need reasonable suspicion to search your belongings, so what would that look like? Reasonable suspicion is satisfied when two conditions exist: (1) the search is justified at its inception, meaning that there are reasonable grounds for suspecting that the search will reveal evidence that the student has violated or is violating the law or school rules, and (2) the search is reasonably related in scope to the circumstances that justified the search, meaning that the measures used to conduct the search are reasonably related to the objectives of the search and that the search is not excessively intrusive in light of the student's age and sex and the nature of the offense. For example, if a student reported that her cell phone was stolen out of her purse during lunch, it may not be reasonable to search every single student in the school. It can have a negative impact on homeless students. If a teacher suspects that a person has contraband only in his locker, then a search of that student's backpack probably isn't justified either. That may be the case in most instances, but it is important to remember that the kids are not the only ones who have access to this space. The guidelines state that any principal or his or her delegate may search any learner or the property of any learner for any dangerous object, alcoholic liquor or illegal drug, if the principal reasonably suspects the presence of a dangerous object, alcoholic liquor or an illegal drug on the school premises or during a . Treating students as sub-adults can be a factor in increasing alienation and detachment from a school surrounding. Lockers, on the other hand, are owned by the school, so the school can search those without having reasonable suspicion. So you better not have any contraband in your locker, like joints. When you encounter law enforcement officers, you have rights. Know Your Rights: Searches of Students | ACLU of Northern CA Even how students were chosen was not uniform across the school district. For example, if a teacher overhears students discussing that they have a knife at school, school officials would be able to legally search the students' belongings because the comment overheard by the teacher gives them "reasonable suspicion.". When it comes to lockers (which are school property), public school students may or may not have privacy rights to what's inside, depending on where they live. This means that a school official cannot just randomly stop a student in the hall and force that student to hand over their backpack for a search. Some schools have installed metal detectors in an attempt to reduce school violence. The cookie is used to store the user consent for the cookies in the category "Performance". arent representing you. From a generalized standpoint, the lockers that students use when attending school are the property of the district, not the student or their family. It will let the students know not to buy drugs and not to keep them on school property. The school may also search a childs belongings if there is a suspicion of drugs or weapons. Get legal help with matters related to work and residency. The standard for school officials is whether the search was reasonable and justified at the time of implementation, and students are only permitted to use them as they do with sports equipment, library books, school computers, and so on. First, it is important to look at the reason why the teacher is wanting to search the backpack. The Court has even noted that, School officials need only reasonable suspicion to search students in public schools, but sworn law enforcement officials normally must have probable cause to search students. Students only have this right with respect to criminal prosecutions. Considering them suspect as the default, and not giving them the benefit of the doubt, is a failure to sustain basic rights of a person under the law. When the student denied the accusations, a search of her personal belongings by the principal turned up cigarettes and marijuana paraphernalia. should schools search students' lockers and backpacks But students also have privacy rights at school. Should Teachers Be Able To Search Students Lockers And Backpacks It is a tool that can be localized to suspected students. Schools have a right to create a safe environment for their students, even if that means violating their students rights. Using the example contract from The Imani School, any personal items found in the locker that violate the rules are held for a week before they can be recovered. I doubt that students who have something dangerous to hide, such as weapons or illegal substances, would put them in their lockers. should schools search students' lockers and backpacks If a student has permission, the school may view the contents of any photos or videos, but they may not view the browsing history of a phone that is not allowed in school. Because locker searches are useful in turning up contraband that exists, students can have the confidence to report their suspicions and know that something can be done to protect their safety. That is entirely legal and nothing to be concerned about. If a student consents to the search of her purse, for example, an administrator may not search her locker unless the search of the purse provides probable cause or reasonable suspicion to search the locker. Regardless of how old we are, we never stop learning. Backpack and Locker Searches in Public High Schools When kids know that there are locker searches being performed, then they are less likely to bring dangerous items to school. It is not illegal for a teacher to not allow a student to use the restroom. 2d 682 (Wis. 1997). This rule applies to searches of school-owned property, such as lockers, as well as searches of cell phones. At school, students have a right to keep their personal belongings out of the hands of others. School authorities should follow basic procedure that the police do, requiring "probable cause" to search someone's belongings. So if you happen to have naked pictures of yourself, pictures of you drinking alcohol, or anything you could possibly get in trouble for on school-owned technology, delete that information from the device! .css-2zf97n{font-family:'Poppins',sans-serif;font-weight:500;font-size:0.875rem;line-height:1.75;text-transform:uppercase;min-width:64px;padding:6px 8px;border-radius:4px;-webkit-transition:background-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,box-shadow 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,border-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms;transition:background-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,box-shadow 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,border-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms;color:#005E47;border-radius:2px;text-transform:none;min-height:42px;box-shadow:none;background-color:#fff;padding:8px 16px;-webkit-text-decoration:underline;text-decoration:underline;color:#fff;background-color:transparent;border:none;cursor:pointer;display:inline;margin:0px;padding:0px;font-size:1.3rem;}.css-2zf97n:hover{-webkit-text-decoration:none;text-decoration:none;background-color:rgba(0, 94, 71, 0.04);}@media (hover: none){.css-2zf97n:hover{background-color:transparent;}}.css-2zf97n.Mui-disabled{color:#000000;}.css-2zf97n:hover{box-shadow:none;}.css-2zf97n:hover{background-color:#0C8671;color:#FFFFFF;-webkit-text-decoration:underline;text-decoration:underline;text-decoration-color:#8DD1C1;border-radius:4px;}.css-2zf97n:hover{background-color:transparent;}.css-mxixme{display:-webkit-inline-box;display:-webkit-inline-flex;display:-ms-inline-flexbox;display:inline-flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-ms-flex-pack:center;-webkit-justify-content:center;justify-content:center;position:relative;box-sizing:border-box;-webkit-tap-highlight-color:transparent;background-color:transparent;outline:0;border:0;margin:0;border-radius:0;padding:0;cursor:pointer;-webkit-user-select:none;-moz-user-select:none;-ms-user-select:none;user-select:none;vertical-align:middle;-moz-appearance:none;-webkit-appearance:none;-webkit-text-decoration:none;text-decoration:none;color:inherit;font-family:'Poppins',sans-serif;font-weight:500;font-size:0.875rem;line-height:1.75;text-transform:uppercase;min-width:64px;padding:6px 8px;border-radius:4px;-webkit-transition:background-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,box-shadow 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,border-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms;transition:background-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,box-shadow 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,border-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms;color:#005E47;border-radius:2px;text-transform:none;min-height:42px;box-shadow:none;background-color:#fff;padding:8px 16px;-webkit-text-decoration:underline;text-decoration:underline;color:#fff;background-color:transparent;border:none;cursor:pointer;display:inline;margin:0px;padding:0px;font-size:1.3rem;}.css-mxixme::-moz-focus-inner{border-style:none;}.css-mxixme.Mui-disabled{pointer-events:none;cursor:default;}@media print{.css-mxixme{-webkit-print-color-adjust:exact;color-adjust:exact;}}.css-mxixme:hover{-webkit-text-decoration:none;text-decoration:none;background-color:rgba(0, 94, 71, 0.04);}@media (hover: none){.css-mxixme:hover{background-color:transparent;}}.css-mxixme.Mui-disabled{color:#000000;}.css-mxixme:hover{box-shadow:none;}.css-mxixme:hover{background-color:#0C8671;color:#FFFFFF;-webkit-text-decoration:underline;text-decoration:underline;text-decoration-color:#8DD1C1;border-radius:4px;}.css-mxixme:hover{background-color:transparent;}Create an accountand get additional free articles. She holds a Bachelor of Science in exercise and sports science and a Master of Science in education administration. We're available Mon-Fri 5 a.m. to 7 p.m. PT and weekends 7 a.m. to 4 p.m. PT. A.S. v. State of Florida, 693 So. Privacy Policy. Schools Should Search Student Lockers And Backpacks - 2023 Likewise, if a teacher is told that a student was smoking marijuana at a friend's house, that may not justify a search of his locker at school. After all, it's your property, and unless you give permission or a judge orders the search, you should have control over what you have, right? My school conducts random drug searches through our lockers all the time. Students are human beings protected under the law, as are adults--in fact; they are given extra rights in certain cases, such as when entering a contract agreement. State of New Hampshire v. Drake, 662 A.2d 265 (1995). But that does not mean that school officials can just search anybody at any time. They do not need a warrant or standard of proof, like the police must have when searching someone's property. To get a search warrant, police officers have to convince a judge that they have a good reason to search someones house or belongings. Having school locker searches will not only allow the school to be safer, but the state too. But what exactly is reasonable? If something is found in a school locker, it is mandatory that it be searched. There are schools in Los Angeles where some students carry weapons with them every day as a way to feel save while they are walking to or from classes. The legality of a search that was once illegal might be determined by how it was conducted 20 years ago. In re Commonwealth v. Carey, 554 N.E. The answer to this question is largely determined by the schools policies. Searching students' lockers without their permission would violate their trust. The primary purpose of student searches is to maintain a safe learning environment. 10 reasons why we should keep the penny. Lockers. It is anyone who consults or hires a lawyer, including corporate executives, small business owners, and individuals, such as lawyers in-house. | Liability Policy Lockers can contain objects such as forcefully stolen money or violent student threat letters that can be used as evidence against a bullying student. Bible Commentary Bible Verses Devotionals Faith Prayers Coloring Pages Pros and Cons, 16 Advantages and Disadvantages of Cable Stayed Bridges, 50 Biblically Accurate Facts About Angels in the Bible, 50 Most Profitable Youth Group Fundraising Ideas for Your Church, 250 Ice Breaker Questions for Teen Youth Groups, 25 Important Examples of Pride in the Bible, Why Jesus Wept and 11 Lessons from His Tears, 25 Different Ways to Worship God and Praise the Lord. online to students nationwide at the click of a button. NO. Some school policies or state regulations, however, may require that they advise students of their rights. You can also search for school-owned computers and technology that you can borrow from the school if you have permission. These cookies track visitors across websites and collect information to provide customized ads. Its kind of like when your mom searches your underwear drawer for something youre hiding from her in the dresser that she bought, which is in the house that she owns. If a teacher does search a students backpack, they should document the reasons for doing so. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". 1998). Locker searches are an effective tool that finds contraband quickly. Officials conduct random or blanket searches not because of individualized suspicion, but as a preventive measure. Yes provided you're not a student. Being subjected to random locker searches is a frightening experience because they dont know if an adult might decide to confiscate their items. So schools are not required to get a warrant before searching a students belongings. 1160 (E.D. Q&A regarding the searches of student cell phones. Administrators must take the crime activity of their neighborhood into account before cracking down on kids who carry pocket knives or other tools that help them to feel safe. In this situation, the school official likely can search the backpack because there is legitimate reason to believe that the student has a pack of cigarettes in the backpack. The Fourth Amendment of the United States Constitution protects people against unreasonable searches and seizures to protect their privacy interests in their homes and personal belongings.