Search and seizure in education
This legal research study identified Supreme Court cases relating to search and seizure generally, and Supreme Court, federal and state court cases relating specifically to search and seizure in education. The purpose of this study was to identify those concepts, doctrines and principles of law governing searches and seizures in order to inform administrators of their legal responsibilities. Concepts, doctrines and principles of law governing searches and seizures are summarized in the following statements: (1) Students have a right to privacy, but this right must be balanced against the school's interests and the rights of others. (2) Searches must be reasonably related to a legitimate school purpose. General, exploratory, blanket and indiscriminate searches will not be sustained by courts. (3) School officials have an affirmative obligation to maintain order and discipline for the health and safety of students. (4) Searches must be based on concrete, articulable facts. Mere suspicion is not acceptable to the courts. (5) Elementary and secondary school officials, acting in loco parentis, are generally held to the lesser standard of reasonable cause to believe. However, the more intrusive the search, the higher the standard to be applied. (6) Colleges and universities cannot condition attendance upon a waiver of a student's constitutional rights. (7) Police initiated searches are subject to the higher standard of probable cause. (8) In cases where exigent circumstances existed, such as the destruction of evidence or harm to another, administrative officials have an affirmative obligation to act immediately and they are not subject to the warIant requirement (9) Contraband seen in plain view is subject to seizure without a warrant. ; Ed. D.