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This website uses cookies to improve your experience while you navigate through the website. In practice, I believe that policies on this matter will differ depending on the school district. State University's First Amendment Law Clinic is the only clinical school It's important that you know what they are. 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 . In one case, a student that was being accused of fighting pointed to another group of students and claimed that one of them had a gun. Do schools have the right to search students? - Sage-Advices The cookies is used to store the user consent for the cookies in the category "Necessary". Know the difference between an administrative compliant and medical malpractice. A search of a student can be carried out if there is reasonable . Possession of a gun on school campus is taken much more seriously than possession of cigarettes. This is because there is a heightened expectation of privacy when it comes to personal belongings, and searching through someones personal belongings without their consent is a violation of that privacy. 2d 919 (N.D. Texas 2001). Even so, students retain some of their rights, including the right to know whether or not searches are illegal. However, there's no guarantee that a teacher might not use a search on a student's belongings as a way to carry out a grudge, since the standard for search is so low. 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.". It will let the students know not to buy drugs and not to keep them on school property. Some schools require teachers or administrators to have probable cause to search a locker or a backpack. Good policies can guide educators' actions, but school staff members need to remember that what constitutes a legal student search depends upon the context. Although schools are among the safest places for children to be, education policymakers and administrators continue to look for ways to protect students and staff.