Charles David Thompson

Attorney at Law

CAN A STUDENT BE SEARCHED AT SCHOOL?

November 10, 2015 By Charles Thompson

public school officials can conduct searches when there are REASONABLE GROUNDS (not probable cause) to believe that a search will produce an illegal item or something that is in violation of the schools’ policy and rules. New Jersey v. TLO, 469 U.S. 325 at 333 (1985). Because it is mandatory to attend school, courts have refused to allow policies of random searches of all students without individualized suspicion. Anable v. Ford, 653 F.Supp 22 (W.D. Ark. 1985). A balancing test regarding the need for the search against the invasion of student privacy. S.C. v. State of Conn, 382 F.Supp. 225 (2004). A search of a student may not be excessively intrusive in light of the age and sex of the student and the nature of the infraction.

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