Chapter 6

Chapter 6
 Student rights start with the assumption that any
search is an invasion of privacy. However, these rights
protect students from only unreasonable searches.
 Students do not enjoy the same Fourth Amendment
rights inside the schoolhouse as they do outside.
 New Jersey v. TLO(1985) – Landmark Supreme Court
 Court concluded that unreasonable searches and
seizures applies to searches conducted by public
school officials.
 Court concluded, however, that this search was not
 Court held that school officials need not obtain a
warrant before searching a student in their authority.
 Court also freed school officials from the probable
cause standard of law enforcement and instead found
that the legality of the search should depend on
reasonableness under the circumstances.
 “Reasonableness” guidelines
- The search should be justified at inception
- The search should be reasonably related in scope to the
reason for the search.
- The search should be reasonably related to the objective
of the search.
- The search should not be excessively intrusive in light of
the age and sex of the student and the nature of the
 Reasonable suspicion is not required in emergency
 Field trips and overnight stays – same rules at school
 Student lockers – property of the school and there is a
lower expectation of privacy.
 Metal Detectors – courts have supported the use of.
 Drug Dogs – can sniff lockers, cars, and property, but
not individual students.
 Automobile Searches – reasonable searches and
random sweeps upheld(case pg. 131).
 Law Enforcement – courts usually support if working
in support of school officials(case pg. 133)
 Intrusive Searches – strip searches for relatively minor
offenses are difficult to defend.
 Random drug testing supported
 Random Classroom Searches – generally supported.
 Mass Searches – questionable.