Can a student at school refuse to let the police search him?

Question

ok so i need some help here i have to answer this question for my criminal justice class.. Ok so does a student in high school have the right to refuse a search of his own person by the police... Police can search a locker with school permission but can they actually put their hands on you if you refuse a search

Answer 1

The police can conduct what is called a cursory or pat down search of your body and if they believe that you have a weapon or drugs they then can go into your pockets and search. hope this helps

Answer 2

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Answer 3

He can refuse a search. The police can the refuse entrance into the school, or else detain him while they get a dog to sniff him over. If the dog reacts then they have probable cause and can search without consent.

Answer 4

If the police officer does not have a warrant a student can refuse as long as they are citizens. The Fourth Amendment: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Answer 5

The officers would have to have the permission of the responsible party of the student I would think. The parent/guardian would be the one I would think would have to consent to the search.

Now this is without probable cause. If they see that the student has a gun or see the drugs, then they can do a search on the spot.

At least this is what I think it is.

Answer 6

I would think so - if they are a minor especially. However, some places require you to submit to a search if you are there.

Schools should be one of those places.

If they refuse a search - that doesn't mean they will just let them go. There are other ways - a k9 could be brought in - as well as a portable thing that can detect weapons (dang forgot the name).

Answer 7

Here in Canada they would need some sort of reasonable grounds to believe that you had on you something that they wanted to find. If they find drugs in your locker, then they have reasonable grounds to believe that you were in possession of drugs and will arrest and search your person.
Generally in Canada, you can't be searched without your consent unless you are under arrest or under investigative detention. If the officer tells you they have reasonable grounds and want to search you, you can't refuse. If they find something and charge you, the charge may be dismissed later in court if you can prove that they didn't have reasonable grounds to do so.

If they ask "mind if I check your pockets?", you can say no.

We need a warrant to search lockers at school here in Canada but the school principals don't. So if they suspect drugs they will check themselves, remove the drugs and then call us in. We as police officers can't direct principals to open lockers without a warrant.

Just as a side note, we can't direct parents to search their kids rooms either. Parents can't consent to let us search the room (without a warrant) as the child has an expectation of privacy there.

Answer 8

Police have a right to search an individual for weapons as it is for their safety...beyond that they must have probable cause and anyone can refuse; but they can detain someone and get a warrant if they have the cause.

Answer 9

The Supreme Court weighing students' privacy interests against school officials' need to maintain order, the court has ruled that a school search is constitutional under two conditions: It must be justified at its inception on the basis of reasonable suspicion, and it must be reasonable in scope.

Courts have permitted searches without individualized suspicion, for instance, in cases involving public safety.

In the public school context, courts have upheld searches without individualized suspicion for weapons and for drug use. Courts have upheld metal-detector searches, for instance, and searches for weapons when the presence of a knife or gun has been reported. (In one such case, courts upheld a principal's decision to order all male students to remove their shoes and socks and to empty their pockets.)

I think if one were to look at ALL the facts of a situation concerning a potential for search and be able to articulate "reasonable suspicion," the search would be allowable.

Best wishes.

Answer 10

I found out and stated this form of component in my civics and economics classification. that's authentic that minors have rights besides. the placement you're asking with regard to the 4th modification (seek and Seizure). law enforcement officials can not seek you without a warrant, even nevertheless that's diverse in colleges. In colleges, they might seek you below suspicion or probably reason. This grew to become right into a case in 1985: New Jersey v. TLO...My important element is that nevertheless it sucks, law enforcement officials can seek you in colleges below suspicion. I trust Citicop--"in case you do no longer like it searched, pass away it at domicile."