School Lockers: What can a teacher search?

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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. After all, it's your property, and unless you give permission or a judge orders the search, you should have control over what you have, right? Yes—provided you're not a student. If you're in a school environment, teachers and administrators can search without either permission or a warrant. Even so, students still have rights, and knowing which searches are illegal might just save your child some time in front of the school board.


The Supreme Court early on decided that need by teachers and administrators to maintain order outweighs the privacy interests of students in a case called New Jersey v. TLO. But that does not mean that school officials can just search anybody at any time. School searches are only justified according to the Supreme Court "when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of school."

California's own state Supreme Court has expanded upon the ruling by stating that "reasonable grounds" must be supported by "articulable facts." Random searches and searches based on hunches or rumors are not justified.

The US Supreme Court has also stated that the manner in which the search is conducted 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." Okay so what exactly does that mean?

It is difficult to state beforehand whether or not a particular search is reasonable. Some searches are clearly illegal, for example, if a teacher searches a student's locker on a hunch or for no reason. If a teacher suspects that a person has contraband only in his locker, then a search of that student's backpack probably isn't justified either. However, these rules are not hard and fast. Since most cases search cases are complicated, with factors that justify and nullify the search at the same time, the courts consider each case individually.

The following is a list of some questions the courts consider to determine whether or not a search of a student or school locker is reasonable:

  • Is the search based on an anonymous tip? In general, courts don't place a lot of confidence in people who report crimes anonymously. However, if a student walks up to a teacher and reports a crime and then walks away, the tip isn't anonymous, even if the teacher doesn't know the student and doesn't remember the student later.
  • Who reported the crime or violation? A teacher or parent is more reliable than another student. In one case, a search was upheld when a concerned parent notified the vice-principal that a specific student was seen with a gun. The court specifically stated that concerned parents are a trusted source for information.
  • Where and when did the violation occur? 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. Likewise, if a teacher is told that a student was smoking marijuana at a friend's house, that may not justify a search of his locker at school.
  • Was a specific student or a group of students identified? If one student is named, then the information is more reliable and the search is more likely to be justified. On the other hand, if the informant points to a group of students without naming a particular person, the information is less reliable.
  • What was the nature of the violation? A lot of the previous factors depend on each other and especially depend what type of violation is suspected. Possession of a gun on school campus is taken much more seriously than possession of cigarettes. In one case, a student that was being accused of fighting pointed to another group of students and claimed that one of them had a gun. Although this student's motives were suspect (he was trying to avoid trouble himself) and although he couldn't identify which particular person had the gun, the court justified the search of the entire group because the threat of a gun on campus was of paramount importance.

If a search was conducted illegally, then the contents of the search may be suppressed in a criminal action. Students only have this right with respect to criminal prosecutions. Whereas an American adult must obey the laws of the government, the student must obey the laws of the school board. In Gordon v. Santa Ana Unified School District, marijuana was found in an illegal search of the student's pockets by the principal. After a school board hearing, the student was suspended from school for one year. Although the search was found to be illegal by the courts and the student did not face criminal prosecution, he could not suppress the evidence at the school board hearing. As such, his suspension was upheld.

Practically speaking, it is never a good idea for a student to keep contraband on themselves, in their purses or backpacks, on in their lockers. However, a search is conducted without their consent, and they are prosecuted as a result of that search, then the best thing to do is to consult with an attorney that has experience in criminal law. An experienced attorney can offer sound advice on whether the search can be attacked and the evidence suppressed.

Comments

very helpful information. I don't know where I would have the research help if not here.

I do not think school officals should be able to search lockers because we have personal items in our locker.

ya you are right not UN less they have a suspicious feeling and they must report it and the student has evidence of the suspicion the teacher has.

i agree with u very much i had personal stuff in there and it was all taken by the school and never returned. i called the police but they did nothing

I Think that students should have privacy in at least their school when most kids have troubles at home with their wanting to know everything about everything. Trust me, from expirience(?) with not haveing enough privacy. Finaly i busrt and had to calm down for an hour just because of a bad day and my parents wanting to hear how it was. Since then i never got enough privacy from anyone but friends, wich i was surprised i still had any.So just give the kids some privacy so they don't blow up and have angsiety(?) attacks!!
LEAVE THEM ALONE!!!

SARAH G.

funny story. its anxiety for starters. and secondly, its a school, dont be ignorant and bring things in you dont want to have looked at. as a student, i didnt like it, but i think i would rather feel safe then sorry. what if a student brings in a gun and shoots everyone? does that mean we have to give them privacy for having a gun in school ? does that mean that teachers just back down and dont care? FUN FACT. teachers are much more mature and know a lot more then you do.

Why doesnt the school actually look into preventing the gun being brought into the school. Like stop the kid at the door? metal detectors something, rather then just searching lockers. by the time a school official learns about the gun, its most likely already too late. If you prevent the kid from even entering the school, they obvy cant hurt anybody. Search at the door not when its already too late

Metal detectors are very expencive and most schools have more than 1 entrance that students come and go through. There is no way to "stop them at the door" as you stated. I am a teacher at a school with a very bad repuation and I worry about my safety and the safety of my students. I have never once searched a bag, but I do listen to my students and keep an eye on their behavior. If I suspect a problem, I let our security know. I have no problem with search/seasure, but I do try and respect my students.

I am a student at a school in kansas and am doing research on a project and was wondering why the schools don't neeed a warrant to search students property. Thanks

Government entities need warrants; not public school officials who dont have legal authority. They can however forward the evidence to law enforcement though

my school is poor

Ours too bro, really talk about low.

my school is to

i think that it is not right to go around using a metal detector to search a kids backpack because that is an invasion of privacy and yes metal detectors can be pricey i know but it can also be a good thing to it could stop a school shooting...

Agreed. A teacher might use a metal detector and it could go off over a phone or even a metal zipper! Once the detector goes off they begin to search. Really? Search our backpacks with a metal detector? No use, teachers, we have things that are metal OTHER than guns! Maybe THINK before invading someones privacy!

I think schools should have the right to seach a students personal property if they have a good reason, and or a search warrent. If the school wants to search something of a students just for the fun of it, I don't think so. But if the school has a serach warrent, then they have every right to search what they want. If they think the student might be in possenion of drugs or alcohol, that's a good reason to search a student's personal property.

ya but they have to have suspicion that the student has the gun and then search or that will be violating the students privacy if he does not have the gun. and that will be a crime.

I agree, I think that they should have the right to search lockers because if they had a gun in their locker then the police/teacher ect. could confiscate the gun so their will not be a school shooting. I also think they should because if they had drugs in their locker they could sell it to people at school.

PEACE PEOPLE!!

you know what you donnt know how others have to protect them selves, what if someome was trying to jump you or you couldnt walk the streets without protection cuz u in a bad neighborhood, i bet u were a lil skool boy or skool girl so if you dont know what your talkin bout dnt say nuthin

Teachers THINK they know everything. Honestly, i believe i know more than any of my teachers at their own subject. i dont think half of them have a degree in anything. as for them being MATURE, wow. they became teachers for one reason: "they like kids." Yea, because they act like them. they dont feel misplaced. they feel more powerful. just because theyre older. thats how this country is. the powerful and the powerless. students being at the bottom of the totem pole. are you a teacher? if so, youll know that this is true. if not, well youll know where im coming from if you ever were a student.
#StraightUp

This is off the topic a lil I guess but if you say you did your homework can a teacher search your book and binder when you leave the room?

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that happens to me all the time, no privacy, no respect, IT ANGERS ME!.v.
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i need some privacy from fat principal samuels

Cool story bro.

i think that yes the school can look at their lockers because they arent ours but i dont think they have the right to look through our stuff because that is NOT their's. they did not buy my note books and my folders or my backpack, so they should not be looking through my stuff i think it is a violation of my rights. I dont mind at all if they look in the locker; open the locker and take a look scan it. But they should not be able to scatter through my things and pull things out. As long as their locker is in damaged or written on they can not,do not have the right, to look through MY stuff.

no i completely disagree. think again they SHOULDNT!!!!

if you look up the facts u will see that students bring violence to school an cause harm to others. searching their lockers and items is a safty policy. you are wrong, would u want to be harmed in a place that is suppost to be safe?

I don't agree with your opinion it does not matter if the teachers search your locker, yes they didn't buy your notebooks or pencils but wouldn't you rather feel safe in your schools enviroment and actually know that there aren't students bringing in guns or drugs to school?

I completely disagree. Yes, the lockers may be the school property, but what's inside isn't. Would you like your parents 24/7 go through your computer or your cell phone just to see if there's something bad? DISAGREE DISAGREE DISAGREE!!!

its not all dat serious too but if you do i guess you do then

I say they should

when was this last updated?

2006

usful, but they are should be allowed to look through my books and stuff.

I strongly disagree with this. just today, our class has reason to believe that the school officials surched through our backpacks. two of them were taken into rooms by themselves and we bileve they were questioned. They should not just be able to come in and invade our personal property and keep us in the dark about it.

its not nice

they should not be aloud to search lockers or cars or you because sometimes i for get and pack my marijuana in my pocket or in my backpack. i have been caught once at school but im still retarted enough to keep bringin it on school property

teachers and admins have the right to search lockers because, they do not force you to use them and therefore by using the locker (which is there property) they can search it. Yes I know it sucks but thats what happens.

i think teachers have a right to search lockers because it belongs to the school and they have the right to know what students have in their lockers!:)

No they shoulded it is a invasion of our space...ya they can open it and take a quick scan..but deffinetly not go threw our bags and most of all our note pads or cellphones unless they pay the bill for our scellphone they have NO right!!!!

i agree with you in the constitution it says we have a right to privacy

First, the US Supreme Court has ruled that the Constitution provides no specific right to privacy to anyone. Second, schools act in loco parentis, in place of parents. This implies a greater freedom, on the part of school officials, to exercise rights not found in the general population.

i beg to differ.

i aggree with you

if you have nothing to hide why is it such a big deal? they are the schools lockers, not yours. the only thing that is yours, it what you put in the locker. and if you are smart enough they only thing you would put in there would be for school use ONLY. as for cellphones, how would you like it if a teacher was texting during class and not paying attention to you if you were asking a question? this isc commen sense. not everyone uses it but a little fun fact, EVERYONE has commen sense. so instead of making teachers out to the be the bad guys, look at yourself, if your stupid enough to bring illegal things into your school where a sign SPECIFICALLY says DRUG FREE ZONE, then your asking for it. so before you start ranting and raving about "if they dont pay for the bill" and they dont have the right. you YOURSELF bring it on. no one said to bring drugs into the school. no one also said taht they should search lockers, but hey YOU GO TO SCHOOL WITH A LOT MORE PEOPLE THEN YOURSELF. they are looking out for everyons needs.. so how about you actually THINK before you speak.. Just saying.

Im pretty sure we have the right to ignore a teacher if we want to because we choose to learn whenever we want,but the teacher cant really ignore u,theyre getting paid to teach the the class,and if dont feel like doing anything that day(MONDAYS!!),then she doesnt have to teach me and concentrate on other students who had their hands raised up for a long time,meanwhile im in just drawing and texting QUIETLY and the teacher is wasting precious teaching time telling me to stop and do some work!!!! Which i do it except SOME mondays

It is funny looking at the extreme spelling errors. It is a school and you do not own the lockers, so do not put anything in them that should not be at school.

I think its dumb cuz i had friends knife and no one even knew not even him cuz he gave to me to fix and i thought i left at house and i had some cuts on my arm and they pulled me out of class to search my backpack is that legal because I'm ging to court and I want anything i can get to save me from probation

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man you crazy with this man you going to court so goodbye ps3 you poor gangsta

i agree with locker checks, the thing that many people forget is that.. is the school PROPERTY!, they can check whenever they want, even if you have personal stuff there. The only thing im total against is checking backpacks , backpacks in my opinion are private items, they dont have the right to go into your stuff, just because they're searching for "illegal items".

i think that teachers should be aloud to search our lockers because if the safety and lives of others are on the line it should be fair.

I actually highly disagree with those that are against teachers searching lockers. I think that if teachers are searching the lockers it is because they have a suspision that a student is eaither bringing drugs or weapons to school, and i honestly think that its a great idea. I have children of my own and would despise knowing that a student has weapons or drugs around my children.

wrong...they cant get in my stuff!!!

i liked what it said

School officials do have a legal right to search student lockers. Reasonable suspicion that a student has in their possession illegal contraband, prescription drugs or a weapon is reason enough to conduct a search of that student, personal property, locker and auto. This is part of California Education Code and each school district has adopted school board policy that reflects education code. School Boards in turn have authority from the California State Government to enforce education code.
In addition, reasonable suspicion is when a school official recieves information about an incident on campus or off campus that breaches student safety. School officials have a legal obligation to provide a safe environment and have "in loco parentis"(ed.code 44807)authority to take action to keep students safe, even if a studnet resists. Student privacy under reasonable suspicion does not exist. Student safety is first.

i dont fell that school staff have the right to do a random search on you. i mean its your bady, there for it belongs to you. and if you feel uncuftorbal letting them search you ranbom you shouldnt have to. right

they should not be able to do that at all

I think they should be able to search lockers and desks, BUT NOT BACKPACKS. Wat if some young girl just got her period or something and was shy about it, or what if someone had a bladder infection.

In the UK teachers and officials such as the police have the right to search a school locker if they have reasonable cause to suspect that it contains items such as weapons,contraband or drugs. For more information you can find hints and tips on lockers at http://www.lockertek.co.uk

/: NO! NO NOOOOOO!

A school is not a private institution. It is a public building owned by the state. I you don't have anything illegal or against the rules, it should not matter if your locker is searched. Too bad, you can have privacy in your private home.

Is it legal for a group of police officers to come to the school and peek in the windows of all the cars in the lot for no specific reason? Also if a drug dog barks at a car and they call the student down to unlock the car and end up finding nothing is that also illegal? What kind of action can we take?

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i disagree with the locker searches its not right nd we have our rights nd before all you lil skool boys nd skool girls start sayin stuff about, we dont knoe wat were talkin bout maybe u should step into real life nd get outta mommys nd daddys perfect lil world

i dnt agree wit dat cuz wat if they were hiding a gun then people are at risk to be shot at or worse.

yup

no the scools dont have the rite

well, i have been researching alot here lately. because my daughter in the 6th grade was in gym when she did a flip on the mat & her phone fell out of her pocket she picked her phone up & she said she looked to see if the screen was cracked because it had fell of the mat . her gym teacher came & took her phone . the teacher put the phone in the office . at the end of the day my daughter went to get her phone & the vice principal told her i had to come get it . & she said ok . well the next day i got a call from the vice principal saying i need to come into the office . i went into the office seeing two police men and both of the vice principals . turns out the vice principal had read all of my daughters texts , went through all her pictures , & looked at all of her videos . (without my permission or police permission). i was so dissapointed in my daughter , because of the content on her phone , they suspended her for the rest of the year . but were they even allowed to look through her personal property???

Hi, thank you for contacting LegalZoom, and we are sorry about this unfortunate situation. LegalZoom makes creating legal documents easy and affordable, but since we're not a law firm we can't give specific legal advice regarding privacy laws. However, you can get free legal advice on the LegalZoom Facebook page every Friday. Check out Free Joe Friday: http://zoo.mn/FreeJoe.

if she would have had a lock on the phone .......... i think it was legal but im no lawyer

At my school only the school cop, principle, or Dean can search lockers. And they also just search lockers randomly. One day they searched every locker in my grade without even alerting the students.

Is this fair?: Me, and a couple of my friends were eating lunch in the woods behind our school. Four guys show up and start smoking pot and even a few of my friends do. Our school security guard comes down, but fortunately everything was put away or thrown. We all get in trouble (eight of us) and all of our belongings are searched carefully. My friend, who wasn't even smoking in the forest that day, had marijuana and a pipe on her person. She didn't exactly consent to the search. I am also in trouble for "being in the wrong place at the wrong time" and now I have Saturday school and "lunch duty." Do you think this is fair?

we should have our right to tell teaches or ect... to not go threw our personal belongings because we might have things we dnt wat seen or known about and we might have somne very expencive thing that probly gotten stolen and that will cause for them to replace our thing and we need to supervise out thing that are personal and ect

WELL I THINK SCHOOLS SHOULD NOT SEARCH STUDENTS BOOKBAGS AND LOCKERS

The laws themselves seem pretty reasonable, but that doesn't mean that the administrators or proctors or whoever else is there wont try to manipulate the system. Sadly this is all legal under any 'suspicion' of broken laws or school rules (you technically signed away all your privacy rights when the school entry forms were filled out). The only way to avoid the trouble is to keep anything private on you instead of in the lockers (I think it's illegal to search your actual person? I could be wrong..) and use a code on your phone. =/

idont think they should be able to search u personally for phones

Hello. I am writing a paper for college regarding locker searches. I am required to have interviews. So if any of you would not mind, could you answer these questions, and e-mail them to me at sierra.tibbetts@hotmail.com. Thanks!

What is your name?

What date is it that you are filling this out?

Are you a teacher, student, parent, or other? (If other, please be specific)

What do you think about locker searches?

Do you agree with the use of drug sniffing dogs being used on school grounds? Why or why not?

Do you believe that if a dog gives his handler a positive signal for the scent of a drug in a locker, that it is or is not violating a students rights? Why or why not?

Do you agree or disagree with the statement that lockers a school property and therefor are acceptable for searches, even the random ones?

Does the safety of the majority of the kids at school mean more than the privacy of one?

Have you had any encounters with locker searches or drug-sniffing dogs that you would like to share? What?

Any other information that you would like to share.

*By filling this out, you are permitting me to quote you in my paper*

no people shoudln't be able to go in lockers becuse it is the student property and studen's now a days knows student's
now there rights

I had my car searched at school because the principal believed that drugs were being sold out of my car after school because there were people coming to my car and leaving, i wasnt even in my car while he observed this. i was inside the school serving afterhours while a couple friends were in my car waiting for me to get out. the principal pulled them out of the car and searched them and found nothing, then they pulled me out of class and told me that they were going to search my car for the suspision of drugs bein sold just because a few people came to my car and briefly left. they searched my car and ended up finding one of my friends sack of weed that he hid when he saw the principal coming to the car, i ended up with 180 day suspension

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i think that schools should not search the students lockers. because the students are not hiding anything

About children not hiding anything would be a matter of opinion because lots of kids are hiding things. Not necessarily bad things, but hiding things in general. But I agree that they do not have the right. Kids have thier right to privacy. Just because we are young does not mean we do not have the same rights as adults. How would you like it if I just searches through your desk, teacher? I would probably get in trouble. But not if they search your locker. Of course. :(

I don't think schools have the right to search kid's lockers. Kids have the right to privacy, and many issues could occur if this continues.

i hope no one looks through my stuff

I think what's ours is ours what's there's is there my body is my mine pants are mine my shirt is mine along with my boxers, shoes, and sox's they don't own me or my stuff if I had some weed on me so what if I had a gun it was for my protection because I felt threatend at school a place were they say is safe teaches made these probs no kid just wakes up saying I'm gonna kill so people its for a reason maybe a bully maybe someone said they wanted to kill me it's mine the constitution say I can protect my right from the government and most schools are owned by the government and when they ask to seach my bag they don't diserve the ability to because it's mine they should not be able to search a locker I will explain why later in this post but if you hide a gun or weed in your locker your just stupid any ways but also I don't ask to come to school the government makes me the schools and the boards you know why because the schools and boards want money other wise they wouldnt car about us they want to make them self look good so they try and search us for no reason when we all know they smoked pot or held a gun before they were just like us they think they own us along with the schools well we pay taxs for schools we buy food clothes and that taxs money goes to the government and the government gives our money to the schools and to make new lockers ooo well guess what those our property in away to that's all I got to say and if you agree thanks. If your gonna be lame and judge spelling and stuff and punctuation mark you truly lame. (:

Very interesting article, I was under the immpression that it is the schools property,they have made rules of the school, if they feel they feel the rules were broken,the lockers are their property not the students, so they can enter those lockers at any time, I think its similar at work also, your on their property ,they also have rules, so if they feel illegal activity or contraband, is being committed or in posession, they can search you and your car. How far off legally am I any lawyers please respond

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hi, this is a little off the topic of searching lockers but still to do with school. so yesterday my friend and i were sitting in the sun with no hats on and our teacher came up to us and said put your hat on or go sit indoors. as neither my firend or i had our hats we started heading over to the building but got side tracked and eventually came back to where we were 5 minutes before in the sun. soon after our teacher came back and saw us and took us to the vice principal for disobeying him and sitting out in the sun. today i came back into the vice principals office and she said that i was never allowed to sit with my friends again (my friends sit in the sun). do you know if they are allowed to do that ? (i am in grade 10 and still have year 11 and 12 to go)

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