NCJ Number
39018
Date Published
1975
Length
9 pages
Annotation
DISCUSSION OF HOW THE FOURTH AMENDMENT'S PROHIBITION AGAINST UNREASONABLE SEARCHES AND SEIZURES HAS BEEN APPLIED TO SEARCHES BY SCHOOL OFFICIALS.
Abstract
ALSO CONSIDERED ARE THE ACTIONS SCHOOL PERSONNEL SHOULD TAKE BEFORE THEY SEARCH A STUDENT OR HIS LOCKER OR OTHER PROPERTY. ANALYSIS REVEALED THAT ALTHOUGH THE FEDERAL COURTS HAVE NOT YET YET DECIDED ANY CASES INVOLVING SEARCH AND SEIZURE OF STUDENT'S PROPERTY, VARIOUS STATE COURTS HAVE RULED THAT THE FOURTH AMENDMENT PROTECTS STUDENTS FROM 'UNREASONABLE' SEARCHES BY SCHOOL OFFICIALS. HOWEVER, THE COURTS HAVE GENERALLY APPLIED A LESS STRINGENT STANDARD IN JUSTIFYING SEARCHERS BY SCHOOL OFFICIALS THAN IN JUSTIFYING SEARCHES BY POLICE. WHEN SCHOOL OFFICIALS CONDUCT A SEARCH OF SCHOOL PREMISES OR ASK POLICE TO CONDUCT A SEARCH TO DETERMINE IF A SCHOOL REGULATIONS OR CRIMINAL STATUTE HAS BEEN VIOLATED, ONLY 'UNREASONABLE SUSPICION' IS REQUIRED. IF, HOWEVER, A SEARCH CONDUCTED JOINTLY BY SCHOOL OFFICIALS AND POLICE IS INITIATED BY THE POLICE FOR THE PRIMARY PURPOSE OF SEEKING EVIDENCE OF A CRIME, THE MORE STRINGENT SEARCH AND SEIZURE STANDARDS APPLICABLE TO CRIMINAL CASES MAY APPLY, WHENEVER SCHOOL OFFICIALS CONDUCT A SEARCH OF A STUDENT'S PROPERTY, A WITNESS AND THE STUDENT HIMSELF, IF POSSIBLE, SHOULD BE PRESENT. OBSERVANCE OF THESE SAFEGUARDS IS IMPORTANT SINCE A SEARCH THAT IS RULED UNLAWFUL MAY RESULT IN THE INADMISSIBILITY OF EVIDENCE IN CRIMINAL OR SCHOOL PORCEEDINGS AND, POSSIBLY, A CIVIL OR CRIMINAL LIABILITY FOR SCHOOL OFFICIALS. (AUTHOR ABSTRACT)...ELW