Public Schools Right To Search

They can and they need no authorization.

 

well around here (AZ) they just need any person to snitch that you got shit on you then they have the right to search you

 

If they have proper reason to believe you may have contraband or under the influence, they do have full rights to search you. School is school and they want people there for the right reasons.

 

yea just dont be dumb

 

Don't take bud to school.

 

If the person being searched is under 18, they need parental consent. If they are 18 and over they dont need anything. Oh and not even the principal can search you, it has to be the Resource officer of the school.

 

They need none. Lockers are the property of the school so they can be searched whenever.. Students are subject to whatever rules the school puts in place when they're on school property. Not sure about body searches and searching things that are in the student's possession. As minors, the parents could give consent... but I know of no law that requires a student to oblige if say an administrator says turn out your pockets or something... but most students would just comply anyways. Refusal would leave a student open to repercussions from the school... but like you I'm not sure if they can require compliance legally.

Resource officer? That isn't something that exists at most schools. What are you even talking about? You're definitely not correct about the over under 18 thing. What you are referring to is police needing parental consent to interrogate a minor... non minors are on their own. That has nothing to do with searches conducted by school officials.

Here's some info from a supreme court decision out of NJ.
" 1. The Fourth Amendment's prohibition on unreasonable searches and seizures applies to searches conducted by public school officials and is not limited to searches carried out by law enforcement officers. Nor are school officials exempt from the Amendment's dictates by virtue of the special nature of their authority over schoolchildren. In carrying out searches and other functions pursuant to disciplinary policies mandated by state statutes, school officials act as representatives of the State, not merely as surrogates for the parents of students, and they cannot claim the parents' immunity from the Fourth Amendment's strictures. Pp. 333-337. [469 U.S. 325, 326]

2. Schoolchildren have legitimate expectations of privacy. They may find it necessary to carry with them a variety of legitimate, non-contraband items, and there is no reason to conclude that they have necessarily waived all rights to privacy in such items by bringing them onto school grounds. But striking the balance between schoolchildren's legitimate expectations of privacy and the school's equally legitimate need to maintain an environment in which learning can take place requires some easing of the restrictions to which searches by public authorities are ordinarily subject. Thus, school officials need not obtain a warrant before searching a student who is under their authority. Moreover, school officials need not be held subject to the requirement that searches be based on probable cause to believe that the subject of the search has violated or is violating the law. Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search. Determining the reasonableness of any search involves a determination of whether the search was justified at its inception and whether, as conducted, it was reasonably related in scope to the circumstances that justified the interference in the first place. Under ordinary circumstances the search of a student by a school official will be justified at its inception where 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 the school. And such a search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the student's age and sex and the nature of the infraction. Pp. 337-343. "

 

If you don't have what you shouldn't have, then it shouldn't be a problem.

And like every other NY school, they give you a book of conduct codes and regulations for students. Read it.

 

well they do random searches at my school. They bring a drug dog and they go sniff the parking lot, classrooms and lockers. They are pretty strict on it.

 

WRONG. lol. The Fourth Amendment of the US Constitution together with the Statues of the your state set forth procedures which must be followed in the search and seizure of individuals and property. In conjunction with your schools board of policys your school is a drug free zone and the Board of Education in your state has a zero tolerence for substance abuse or possession on school property. Search of a student and his/her possessions may be conducted at any time the student is under the jurisdiction of the Board of Education. If there is a reasonable suspicion that the student is in violation of school rules he/she can be searched. So bunny yes at any time your rights are completly thrown out the window. All that our four fathers fought dearly for obviously was for nothing.

 

Under the safe schools act of (I believe 1994) schools are allowed to conduct a search, however, you have the right to ask to have a officer witness the search.

They are only allowed to conduct a search is they have a good reason to believe you have something you shouldn't. I.E, show up to class high, they smell it, someone claims they saw you ect...

One time in high-school, I had shaken hands with a fellow to greet him as i always do, (excessively formally). Anyways, The vice principal showed up in my homeroom like 20 minutes later and demanded that he search me. Apparently, the camera caught me shaking hands with this guy and that was enough to mandate a search. Pretty gay hun? Luckily, I had nothing on me at the time.

It's sad what our world had come to isn't it?

 

Oh, and if your wondering as to WHY the hell you would want an officer present? Well a) makes sure the search is conducted fairly (In theory anyhow) and b) It will help you buy time if your weed isn't properly hidden. A friend of mine had his stash in his pocket, so he asked to have an officer present for the search. While the principal turned around to call the officer, had managed to take the bud out of his pockets, and throw it in the trash can. They found the weed in the trash but couldn't prove it was his, or so the story goes....

This could easily backfire though, as with the cops involved, your chances of facing criminal charges are much higher.

 

Not in this situation, it isnt

 

They don't need authorization. If they wanted to they could search your backpack at anytime

 

yeah they can totally just send or escort you to the office and tell you they have suspicion of you possessing Marijuana, they even brought Dogs in before to sniff all the lockers.

 

upon reasonable suspicion, they will search you if they want.

 

I went to a private catholic school and they brought dogs into the classrooms looking for drugs a few times. The year after i graduated they dogged the student parking lot and found lots and lots of weed and prescription pills in peoples cars. I know this isn't the same rules as a public school though, they follow the bishops rules, not the school boards.

 

My public middle school searched me without parental consent...