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
21 thru 25 of 53 comments
On 01/21/04
andrew from KY said:
They were having a lockdown at my school so they could search the students lockers . well i have cigaretts in my locker and they took them . so i went home and got another pack
On 01/20/04
hannah from KY said:
paul ca you are very much right it is true they can only search your locker because its their property. but your private belongings have no right to check without your permission UNLESS they hane proof you have drugs in your locker but other then that they cant concording to the 4th admendment.
On 01/16/04
hannah from KY said:
yes ashley that was unconstitional for your school to do that did they have a reason because if not then they cant search your stuff with out your permission
On 01/15/04
Latasha from KY said:
I dont like the idea that the school can search your backpacks and lockers anytime they wont, they do it without our permission and when they do it they make us stay in the room that were in untill there finished.
On 01/15/04
mengan from KY said:
i think your wrong. that is not right
21 thru 25 of 53 comments



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