where is there a statute listed that explains consent laws for searches and seizures of students in school?

Question

I need the exact statute if possible. I have looked myself and cannot find anything

Answer 1

There are none. Since the children are under the school's care they are considered temporary guardians and can search them without a parents consent. Just as they can search the locker, car or bag of a child if they have reasonable suspicion. The 4Th Amendment doesn't cover this and there have been numerous court cases ruling in favor of the schools right to search.

Answer 2

Constitutionally, police or directors in basic terms desire "genuine looking suspicion" to hunt/grab and not using a warrant. they do no longer desire consent in the event that they have proper to hunt and not using a warrant. If seek no longer consistent with genuine looking suspicion, evidence could be excluded. extra greater, with the intention to protest, you desire an expectation of privateness. there is an argument of whether a student has an expectation of privateness in a public college's locker yet a sturdy argument for bags and so on. additionally the only answer is erroneous in asserting the college isn't under the form. Public colleges is a prevalent government function and is regulated by making use of the state. Fourth exchange protections of seek and seizure is risk-free the place there is state action. Public colleges interference with own assets is state action. the respond is likewise incorrect in keeping that the "police" desire probable reason. they're certain by making use of an analogous standards "reasoanable suspicion" because of the fact the different admins. i'm no longer responsive to the reasoning for the variation, yet as some solutions states it could have some thing to do with scholars being minors and the character of duty the college has over the scholars.

Answer 3

Each state and the federal government have their own statutes for lawful searches. In addition, case law also affects who and where can be searched. You need to be more specific or check with the local District Attorney's office or ask any police officer - he know the statute for his state.

Answer 4

It isn't controlled by statute, but by the Supreme Court's interpretation of the Constitution. If you're a student in a school they can jolly well search you.

Answer 5

Excellent question. Please use the link below to look at the US Supreme Court's decision in 1985 in relation to school searches. It is the case which set a precedence on balancing the rights of a student's expectation of privacy with the responsibility of the school to provide a safe learning environment. I was a school resource officer for several years in FL, and this topic was an excellent motivator for discussion in my Street Law class.