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
31 thru 35 of 53 comments
On 01/05/04
yeah from LA said:
we do have all of those rights. just not voting. im glad youre not voting, cause i wouldnt want you deciding on what becomes a law and what doesnt.
On 01/05/04
yeah from LA said:
amen
On 01/05/04
yeah from LA said:
in louisiana there a strict laws on searching, and probably similar laws in other states and school boards. the person who is searching you must be of the same sex as you and the search must be witnessed by another person of the same sex.
On 01/05/04
yeah from LA said:
yeah, if they search the entire school bodies bookbag, or perform a random search, it is legal.
On 11/13/03
Ashley from IL said:
A girl had her purse stolen at school. My friend was singled out and had her backpack and locker searched. No one else in the class had this happen. Was it unconstitutional for my school to have done so? If anyone knows, please write back!!
31 thru 35 of 53 comments



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