Can students be strip searched by their teachers at school?

Question

At school, a students in one of my classes said they were strip searched by the principal because they were accused of hiding drugs. My math teacher said "it legal for teachers to search students". When I heard that, I was like "wtf? the constitution doesn't protect us anymore?".

Answer 1

As an ex law enforcement officer and a current professor of constitutional law. It depends on which state you are in.

In California
It depends on the situation. If a school authority figure (teacher, principle, security guard, has reasonable suspician (that's just about any suspicion) that a student could have a weapon or drugs on their person, then a reasonable pat down search performed by someone of the same sex can be done. Schools are considered a safety zone and have a higher threshold of searches under the 4th Amendment. In general public areas, reasonable suspician would not be enough and probable cause would be needed. Back to the school: If a student is arrested for a felony (gun drugs etc.) Then a search incident to the arrest will be performed by law enforcement only and can include a strip search under these circumstances. School officials in California are not allowed to conduct strip searches - however a pat down search may include the removal of jackets, shoes or other baggy secondary clothing that impedes the pat down search goal of determining if the minor has a weapon on their person.

Some states may still have strip search policies on the books, but not California.

As a joke, some teachers mention that strip searches can and will be done - my favorite was to announce that random body cavity searches will be conducted next . . . (just a joke - teachers sometimes have a bizarre sense of humor) of course with current teacher mis-conduct in the news - that's not funny anymore.

I'm sure some students believed me . . . there's always a few in the crowd.

Answer 2

It is true that schools have greater power to override students' exercise of constitutional rights than other state agents have. This is because schools and their staff are considered legally to stand in the place of your parents while you are at school. Just as a parent could compel a search of your room without a warrant, schools have powers that are slightly more expansive than other government agencies'.

That being said, a strip search is an extreme invasion of privacy. Depending on the laws in your community, this should have been attended by other adults or by law enforcement; the laws may also require that law enforcement carry out the search while school officials merely attend the search, or the laws may bar this sort of thing altogether. You should definitely find a lawyer to talk with about this. Usually, the American Civil Liberties Union will at least give you a reference to talk with an attorney and explore whether rights were violated and, if so, what can be done about it.

As for your math teacher, he had better stick to the long division, because he is wrong about the law, and the law is a dangerous thing to be wrong about.

Answer 3

Yes, at many private schools, but the guidelines to this are VERY strict. More often than not the school will opt to call the police and let them handle it., which is what most all public schools do. In the event that a search is done, there are at least 2 adults, which are the same gender as the student, that must be present, usually the Dean of Discipline and the Pricipal. If the student had any issue in the way the search was carried out, regardless of what they found, he may bring it up the the school board for further investigation.

Answer 4

I don't think so. That sounds really wrong. The only place where i've heard strip searches were done legally were the airport or with the police. But the principal can not strip search a student, the principal is supposed to call the police to do the strip search.

Answer 5

The best answer chosen was pretty good. But is not completly correct there was a case before the U.S. supreme cout where they decided for a strip search they needed a localized reason and if they find what they are looking for before the strip part unless they have reson to belive there is more contra band they must stop. Also about the cavity search joke that was ment saying their going to do something and make students worry about something that serious for no reason they can be sued harrasment sexual harrasment pain and suffer undue emotional distress etc also only a medical practicioner could preform such a search as a cavity search

Answer 6

No, they can't. It's totally wrong and against the law. Do you think your friend was making it up? Only officers of the law can do that. Your principal should have been reported.

You also have freedom of speech, but the schools won't allow you to talk the way you want to without getting in trouble for it. You are right. What's happened to the constitution protecting us?

Answer 7

Unless things changes drastically recently, law enforcement personnel are the only ones who can do strip searches.

Answer 8

At my school, the teachers aren't aloud to lay a hand on the students. If they suspect something, they call administration or our resource officer. So I guess not.

Answer 9

a kid once was stripped search at my school by our princable..but of course the cops were there just as well

i guess it depends on the situation.

Answer 10

nooooooooooo!!!!!! thats wrong for teachers to strip search students unless they have proof of drugs...like in there locker or sumthin.