Your rights in the classroom : regarding searches?

Question

Are teachers actually allowed (considering the laws of the United States) to search you, if they think you might have a CD player or a cell phone, or perhaps something that they are looking for that is not an actual threat to anybody? Even if they do not have a search warrant or probable cause?

Yes, this might be a stupid subject, but I'm a curious person.

Answer 1

The correct answer is that it will depend to a large extent on the state you are in and the exact circumstances of the search.

Teachers and school administrators have a large amount of leeway in many searches. This is based on two separate legal philosophies. In the first philosophy, the school has the responsibility and legal liability for the safety of the school and other students and may take reasonable actions to ensure that safety. This will almost always be used if they think you have a weapon or something.

In the second philosophy, the teachers and administrators are acting in loco parentis. This is a fancy legal phrase which means in the place of the parent. While you are at school as a juvenile, the teacher is effectively considered the same as your parent in many cases. This lets them take many actions that they could not otherwise take also, such as physical discipline of a student. Many local districts have restricted this power (especially the discipline) but the law still recognizes it.

For proof, I suggest you look at the Texas Penal Code (Chapter 9 has the student teacher relationship covered) and the Texas Education Code. That might help if you are in Texas, at least.

Answer 2

Generally, there is a lesser expectation of privacy at a public school, both because of the regulations already in place and the compelling need to protect other students.

As a result, in most jurisdictions, a school official may conduct a search based on a reasonable suspicion that a student has violated school rules or has done something illegal, such as holding contraband, weapons or drugs.

This reasonable suspicion standard is roughly the same as the Stop and Frisk standard that police can use, and is less than the probable cause the police need to arrest someone in public.

Answer 3

I found this info. on a website:

A public school student's person, property, and locker may be searched by law enforcement officers, but they are governed by many of the same limitations as any other police searches, including the Fourth Amendment which guarantees a student a limited right to be free from unreasonable searches and seizures. Thus, searches conducted by school officials which are based on "reasonable suspicion" that a particular regulation or law has been violated will most likely be held valid by the courts. The search may be for items that violate school rules as well as illegal items. However, as the level of intrusiveness of the search increases, the reasons that justify the search must increase in strength as well, until they are almost indistinguishable from probable cause. For example, strip searches are generally not approved by the courts except in the most serious of situations, while the use of metal detectors through which students must pass in order to enter the school building are permissible.

Answer 4

Most schools have the policy that only your principal can search your personal belongings. I know mine was like that. Its not stupid at all, it is an invasion of your privacy if proper procedures are not foolowed. You should be issued a student handbook every year, thats usually how it goes. If for some reason you dont have one, ask for one and they will most like ly gove you one, i think they have to. Other wise, a teacher will have one in their desk somewhere, you can ask to see it. I hope this helps.

Answer 5

Usually, teachers do not do bodily searches, but principals and administrators do in the presence of witnesses. A locker is considered school property, and can be searched without a student's knowledge or permission.

Answer 6

No. they can't get a search warrant. The police have to do that. A teacher can ask you to empty your pockets or bookbag. If you refuse, the administration has the right to call the police.


Not a stupid question.

Answer 7

The right to privacy does not exsit man, explain to me where the constitution says "and everyone has a right to privacy" .

I'll give you a little hint.... its not there

The constitution says no "unreasonable searches and seisures" ok... lets look at the spirit of the law as opposed to the letter of the law, which any moron can say "well my teacher is looking through my backpack because my cellphone I'm not supposed to have is ringing, that's unreasonable"

no, unreasonable would be me going through the presiden't of the ACLU's internet browser history files to find his pornography just to defame a political organization i disagree with.

get the picture kid?

Answer 8

as a student you have no rights. you are public property and the school owns your locker, so you can be searched when ever they feel like it. plus they most likely have it written in their school's handbook, or posted on the entry door.

school sux like that!!

Answer 9

If its school property or on school property then yes...bodily seaches,no...although asking a student to empty his or her pockets I am in favor of...I had rather make someone mad than to have to inform a parent that their child is dead.