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Possession of a gun on school campus is taken much more seriously than possession of cigarettes. If there is a legitimate reason to believe that the student has something in their backpack that could pose a danger to themselves or others, then the teacher may have a case for searching the backpack. Even though they dont have to obtain a warrant, school officials still cant search your things for no reason. Administrators often know the combination to these locks or provide a master key that can open each one. A search of a student can be carried out if there is reasonable suspicion that the search will reveal evidence. Teachers, administrators, parents, and kids all generally agree that one of the easiest ways to prevent violent incidents on school grounds is to perform periodic locker searches. Willis v. Anderson, 158 F. 3d 415 (7th Cir. Why should schools search students lockers and backpacks? In fact, most courts conclude that such detection is not a search because the dogs merely sniff the air around the property and that students do not have an expectation of privacy in the air around their belongings. Students only have this right with respect to criminal prosecutions. Before you decide to trademark the name of your business or settle on a logo, make sure no one else is using them. Does schools have to search my stuff? should schools search students' lockers and backpacks There must also be a way for administrators to locate potentially harmful tools or weapons that could be used in an act of violence. This right is diminished in the school environment, however, because of the unique need to maintain a safe atmosphere where learning and teaching can occur. This rule applies to searches of school-owned property, such as lockers, as well as searches of cell phones. When safety is a concern, like a possible weapon on campus, the American Civil Liberties Union of Massachusetts claims that courts usually uphold such searches as reasonable. In at least one federal circuit, the court has upheld this policy (. Privacy Policy. Personal items should be kept in purses or backpacks rather than lockers, for example. I understand and voluntarily relinquish any expectations to a right of privacy. However, there's no guarantee that a teacher might not use a search on a student's belongings as a way to carry out a grudge, since the standard for search is so low. For example, if you are caught with a weapon in your backpack, the school may search your backpack to see if you have any more weapons. A school can search a child without permission if there is a suspicion of illegal activity or a danger to the child or others. Whether youre studying times tables or applying to college, Classroom has the answers. All the Yes points: Lockers are school property; students are merely allowed to use them as they do with sports equipmen It is in the interests of all students that drugs and weapons are not in school. Is it reasonable to assume guilt if multiple parties have access to the locking mechanism? Schools should be a fair and honest place. If you do not want your school to be able to search your bag at any time, you should leave it in a secure storage area provided by your school. We already said that schools need reasonable suspicion to search your belongings, so what would that look like? Second, the way your school does its search should be "reasonable" based on what is being searched for and your age. According to the U.S. Supreme Court case, Tinker v. Des Moines, students do not "shed their constitutional rights" when they are in school. Locker searches provide students with more confidence in their safety. Do schools have the right to check your bag? My school conducts random drug searches through our lockers all the time. Schools should be prohibited from searching students backpacks without their permission or a warrant, as this violates the students right to privacy. Get the right guidance with an attorney by your side. We've all seen enough crime shows to know what to do if the police knock on your door and demand to search your property: stand, look indignant and demand to see their warrant. The cookie is used to store the user consent for the cookies in the category "Performance". Schools are trying to protect the privacy rights of their students as much as they can by only performing locker searchers when there is a reasonable suspicion that they have done something wrong. In a survey done by the National Institute of Justice, 55 percent of schools reported that they have used locker searches in order to prevent violence in their schools. Administrators must take the crime activity of their neighborhood into account before cracking down on kids who carry pocket knives or other tools that help them to feel safe. Ct. filed May 2000). Examples of random searches include the use of metal detectors in school entrances and sweeps of parking lots and lockers. So if you happen to have naked pictures of yourself, pictures of you drinking alcohol, or anything you could possibly get in trouble for on school-owned technology, delete that information from the device! All lockers are property of The Imani School. If you are concerned about locker searches in your school, the only available option to avoid this issue is to opt out of having a locker or not putting anything in there in the first place. Harlow v. Fitzgerald, 457 U.S. 800 (1982). pictures of queen jackson haley; should schools search students' lockers and backpacks; By : . completeness, or changes in the law. Discipline and conviction are two secondary purposes. If something is found in a school locker, it is mandatory that it be searched. Before 1985, doubt existed about whether this right applied to students in the public schools. should schools search students' lockers and backpacks. 1999). If your locker is considered personal property, then your school may not search your locker unless it has a "reasonable suspicion" that it may find something against the law or school rules. .css-2zf97n{font-family:'Poppins',sans-serif;font-weight:500;font-size:0.875rem;line-height:1.75;text-transform:uppercase;min-width:64px;padding:6px 8px;border-radius:4px;-webkit-transition:background-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,box-shadow 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,border-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms;transition:background-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,box-shadow 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,border-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms;color:#005E47;border-radius:2px;text-transform:none;min-height:42px;box-shadow:none;background-color:#fff;padding:8px 16px;-webkit-text-decoration:underline;text-decoration:underline;color:#fff;background-color:transparent;border:none;cursor:pointer;display:inline;margin:0px;padding:0px;font-size:1.3rem;}.css-2zf97n:hover{-webkit-text-decoration:none;text-decoration:none;background-color:rgba(0, 94, 71, 0.04);}@media (hover: none){.css-2zf97n:hover{background-color:transparent;}}.css-2zf97n.Mui-disabled{color:#000000;}.css-2zf97n:hover{box-shadow:none;}.css-2zf97n:hover{background-color:#0C8671;color:#FFFFFF;-webkit-text-decoration:underline;text-decoration:underline;text-decoration-color:#8DD1C1;border-radius:4px;}.css-2zf97n:hover{background-color:transparent;}.css-mxixme{display:-webkit-inline-box;display:-webkit-inline-flex;display:-ms-inline-flexbox;display:inline-flex;-webkit-align-items:center;-webkit-box-align:center;-ms-flex-align:center;align-items:center;-webkit-box-pack:center;-ms-flex-pack:center;-webkit-justify-content:center;justify-content:center;position:relative;box-sizing:border-box;-webkit-tap-highlight-color:transparent;background-color:transparent;outline:0;border:0;margin:0;border-radius:0;padding:0;cursor:pointer;-webkit-user-select:none;-moz-user-select:none;-ms-user-select:none;user-select:none;vertical-align:middle;-moz-appearance:none;-webkit-appearance:none;-webkit-text-decoration:none;text-decoration:none;color:inherit;font-family:'Poppins',sans-serif;font-weight:500;font-size:0.875rem;line-height:1.75;text-transform:uppercase;min-width:64px;padding:6px 8px;border-radius:4px;-webkit-transition:background-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,box-shadow 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,border-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms;transition:background-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,box-shadow 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,border-color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms,color 250ms cubic-bezier(0.4, 0, 0.2, 1) 0ms;color:#005E47;border-radius:2px;text-transform:none;min-height:42px;box-shadow:none;background-color:#fff;padding:8px 16px;-webkit-text-decoration:underline;text-decoration:underline;color:#fff;background-color:transparent;border:none;cursor:pointer;display:inline;margin:0px;padding:0px;font-size:1.3rem;}.css-mxixme::-moz-focus-inner{border-style:none;}.css-mxixme.Mui-disabled{pointer-events:none;cursor:default;}@media print{.css-mxixme{-webkit-print-color-adjust:exact;color-adjust:exact;}}.css-mxixme:hover{-webkit-text-decoration:none;text-decoration:none;background-color:rgba(0, 94, 71, 0.04);}@media (hover: none){.css-mxixme:hover{background-color:transparent;}}.css-mxixme.Mui-disabled{color:#000000;}.css-mxixme:hover{box-shadow:none;}.css-mxixme:hover{background-color:#0C8671;color:#FFFFFF;-webkit-text-decoration:underline;text-decoration:underline;text-decoration-color:#8DD1C1;border-radius:4px;}.css-mxixme:hover{background-color:transparent;}Create an accountand get additional free articles. Students have a privacy right in their personal belongings, such as backpacks, and school officials must have reasonable suspicion before searching a students items. The Fourth Amendment to the U.S. Constitution guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Because these items belong to your school and you are simply using them rather than owning them, the school has every right to search these items. MSU is an affirmative-action, equal-opportunity employer. Missy Talbot started writing professionally in 2000. Safety threats, once thought to be only an urban problem, are a concern for urban, rural, and suburban areas alike. Prevention of drug abuse, according to this court, does not justify the dog sniffing the person because it intrudes on the expectation of privacy and security (, Drug-testing programs are another form of a random search. Some school policies or state regulations, however, may require that they advise students of their rights. Backpacks' mere presence on school property does not convert them to school property. It is anyone who consults or hires a lawyer, including corporate executives, small business owners, and individuals, such as lawyers in-house. It is acceptable for lockers to be borrowed by the student, but backpacks purchased and owned by the student should be considered personal property as well. In fact, because some students may be addicted to drugs, no student should be subjected to random searches. The Supreme Court ruled that this search did not violate her rights because students "have reduced expectations of privacy in school. This process is called in loco parentis, or in place of the parent. It grants the administrators at the school the same rights as a parent to inspect student property without violating their civil rights. However, if the teacher is simply wanting to search the backpack because they suspect the student has something they should not have, such as drugs or alcohol, it is less likely that the teacher would be allowed to search the backpack. Some schools have installed metal detectors in an attempt to reduce school violence. Because students may keep personal items in their lockers, such as photographs and personal letters, even a search with the best intentions can appear to be a major breach of trust by teachers and administrators, causing a rift between the student body and the faculty.. Can a teacher legally search your bag? The Supreme Court has already ruled that these random searches are Constitutional in the United States, but the potential damage they can cause to a students reputation can be severe. Students trust teachers to carry out searches with objectivity as disinterested parties. Schools should be a fair and honest place. Kate R. Ehlenberger(.css-15x2sbf{-webkit-text-decoration:underline;text-decoration:underline;text-decoration-color:rgba(0, 94, 71, 0.4);font-weight:700;}.css-15x2sbf:hover{text-decoration-color:inherit;}.css-j7cplr{margin:0;color:#005E47;-webkit-text-decoration:underline;text-decoration:underline;text-decoration-color:rgba(0, 94, 71, 0.4);font-weight:700;}.css-j7cplr:hover{text-decoration-color:inherit;}[email protected]) is Assistant Executive Director, Commonwealth Educational Policy Institute, Virginia Commonwealth University, P.O. Remember, at the end of the day, youre at school to learn, and if something is interfering with your education, schools have a right to create a safe educational environment even if that means the students rights are slightly interfered with. Talbot holds a Bachelor of Arts in English, a Master of Fine Arts in creative writing and a Master of Arts in publishing. If a teacher is told that a student was seen with a gun one year ago, then that doesn't justify a search of the student's locker. School officials and sworn law enforcement officers may conduct a search without reasonable suspicion or probable cause if the student voluntarily consents to the search. If a teacher does search a students backpack, they should document the reasons for doing so. Schools have the right to conduct a search if they have reasonable suspicion that the student is under the influence of drugs or other illegal activities. If a student consents to the search of her purse, for example, an administrator may not search her locker unless the search of the purse provides probable cause or reasonable suspicion to search the locker. Burnham v. West, 681 F. Supp. A search of a student can be carried out if there is reasonable . Based on the Word Net lexical database for the English Language. First, your school must have a "reasonable suspicion" that searching you will turn up evidence that you violated a school rule or law. Margaret Gieszinger was arrested in California after a video surfaced showing her singing the Star-Spangled Banner while forcibly cutting one of her students hair. Depending on the specific regulations that govern that particular school, students can be held responsible for anything found in their lockers. What is responsible for most soil degradation in the prairies of the US? The divorce process can be a particularly emotional and vulnerable time. When a school has reasonable suspicion that a violation of the law or school policy has occurred, they have the authority to search the building. School authorities are currently allowed to check students' lockers and backpacks if they feel the student is breaking the law or posing a threat to the safety of the school. To keep schools safe, most administrators err on the side of searching rather than not searching. The cookie is used to store the user consent for the cookies in the category "Other.