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
51 thru 53 of 53 comments
On 03/19/02
jason from AZ said:
The assistant principal searched my locker and my backpack for candy, I now know that my parents told the school that I can't eat any candy or I'll get kicked out of school.I didn't like them doing this to me, They threw my notebooks,flightbook and all of my other things out of my locker. The school told me two days later that week!!! It's my problem to eat candy.
On 02/26/02
California from CA said:
They take away our other rights they might as well take away this one.
On 01/06/02
Summer R. from WI said:
At my school we aren't allowed to carry around backpacks and we have to keep the backpacks in our lockers. Our vice principal has the right to conduct a search in our locker (because it's his property) but the police officer has to be the one to do it. Many kids think it's unfair that they force us to give them a chance to search our stuff. The thing is, don't give them a reason to! Don't bring drugs or other bad things to school!
51 thru 53 of 53 comments



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