Speak Up! - View Question #419

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Question: Can a school official search your backpack without permission?

Answer: The short answer is not unless the official has a 'reasonable suspicion' that something wrong has occurred and that evidence of the wrong will be found in the backpack.

The Fourth Amendment to the United States Constitution states that people have a right to be secure against unreasonable searches of themselves and their belongings.

The United States Supreme Court has decided that the Fourth Amendment applies to schools and that a search must meet the following requirements:

1. The motivation for the search must be reasonable in light of the information that the school official obtained that made him or her think a search was necessary; and

2. The measures adopted for the search must be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.

A 'reasonable suspicion' is a belief or opinion based on the facts or circumstances. So if a school official has a reasonable suspicion that some wrong doing has occurred and that evidence of that may be found in your backpack, that official can probably search your backpack without your permission


Comments
46 thru 50 of 53 comments
On 05/15/02
Lori from AZ said:
In our school, the officers that roam the halls are not at anytime allowed to search our bags if we refuse to let them, however if and when they call and ask your guardian or ans and they reply "yes" than they can proceed with their investigation.
On 04/24/02
lewis from AZ said:
I think its okay if a school offical searches our backpacks because they may want to make sure that we are mot endangering our peers and its also a saftey measure
On 04/23/02
Aaron from AZ said:
I think that as long as there is a cause for than it's all right, But if there is a stupid reason i think the parents should be notified before any thing is searched!
On 04/11/02
liz from AZ said:
i think that school officials searching your backpack is ok...as long as the same gender of official searches the same gender of the student. the only reason someone wouldn't agree with this was if they had something in their backpack that was wrong (hint hint, NOT ALLOWED!)
On 03/23/02
Nikole from WI said:
Last year some kids had brought drugs or something to school and we had the police dog go through. All of a sudden my principal walked into the class room and asked for me. By the time I got out there they had alredy searched my locker and I had some personal things in my back pack. I did not think that was right. When I went home and told my mom she was mad because she was not notifed.
46 thru 50 of 53 comments



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