Civil Rights in School Search and Seizure
by Roger T. Manwaring
Students have lesser constitutional rights in school. The Fourth Amendment to the United States Constitution, as applied to the states through the Fourteenth Amendment, gives every person the right not to be subjected to unreasonable search and seizure. Of course, this right applies only when, under the circumstances, the person has a reasonable expectation of privacy. The Supreme Court of the United States had made clear that students “do not shed their constitutional rights ... at the schoolhouse gate.” The constitutional prohibition on unreasonable searches applies to public school employees in their dealings with students.
However, because they are students, and due to the unique needs and characteristics of the school setting, students have lesser rights than members of the general public.
What if the search is conducted by school officials but at the request of police? The reasonable suspicion standard does not apply if the search is conducted by school authorities but at the behest of the police. In that situation, probable cause and a warrant are required. However, if the police merely assist in a search instigated by the school, then the lower standard for school searches continues to apply.
Are students accorded greater rights off the school premises? The short answer is “no.” When on field trips, or otherwise off campus but under school supervision, students have only the limited Fourth Amendment rights they have in school. For example, one court upheld the search of a hotel room occupied by a student while on a school trip.