To create and keep a safe environment, school officials can search student backpacks, purses and lockers if they have a reasonable suspicion of danger. But recent events have raised the question of how far can this go? Can school officials search student cars parked on school grounds? What about body searches?

Full Body Searches

When she was 13 years old, honor student Savana Redding was forced by Arizona school officials to strip to her bra and underwear so school officials could look for drugs. All because she had ibuprofen.

As a result, Savana's mother sued the school officials. The case went through several stages. First, it was dismissed, but on appeal it was allowed to go forward as an invasion of a constitutional right to privacy/search and seizure issue. The Supreme Court will now decide if the school officials violated Savana's constitutional rights.

Fourth Amendment - Unreasonable Searches

The Fourth Amendment of the US Constitution protects us from unreasonable searches. The legal question in this case turns on whether it was unreasonable for school officials, acting in good faith, to conduct this search, especially if a parent isn't there.

On one hand, there is the constitutional issue and the student's privacy. On the other hand is the school's need to eliminate potential threats to the health and safety of the students. These needs must be balanced and weighed against one another. Searching a student's locker seems reasonable, but a body search to her underwear?

After this incident, many asked whether the body search should be a job for a police officer with a search warrant. Do school officials have more rights than the police? What about student rights?

Car Searches

Less invasive, but also legally ambiguous, is the question of whether students' cars parked on school property may be searched. In New Jersey, the state's Supreme Court decided that school officials can search students' cars on school property if they suspect illegal activity.

The case that triggered this question involved an Egg Harbor Township assistant principal who searched the car and locker of student Thomas Best after being informed that Best had sold a green pill to a 10th-grade student.

The assistant principal looked through Best's locker and his car, which was parked in the school lot. He found a bottle of pills and marijuana in the car. Best, 18, was charged with possessing Valium, marijuana and steroids. He pleaded guilty to distribution of diazepam on school property and received a three-year sentence.

In this case, the court expanded the standard of "reasonable suspicion" to students' cars, plus the suspect was over 18. The court reasoned that school officials need to maintain safety, order and discipline, which are found not only inside the school, but also extend to the parking lot.

However, as Best's lawyer questioned, this decision gives school administrators even more authority to conduct searches of their students' belongings than would be normally allowed by the police.

Reasonable Suspicion vs. Probable Cause

According to the US Supreme Court, school officials do in fact have more leeway than police. All they need to search someone is a "reasonable suspicion" and not the usual "probable cause" and warrant.

Private vs. Public Schools

Both searches at issue happened in public schools. An interesting question is whether these searches can be conducted in a private school.

The Constitution's Fourth Amendment protection applies only to public schools and institutions. Private schools have far more flexibility to conduct investigations, withhold findings if they choose, and even ask a student or teacher to leave the school. Tuition and employment contracts govern the rights and relationships in private schools, while the Constitution governs how public officials in public schools must act.

Accordingly, private school officials have much more leeway to search students than in public schools. As recent cases show that public schools have more and more freedom to search students, it seems as if private schools are completely free. Therefore, be careful what you bring to school, even over-the-counter pain killers could trigger an invasive search.

Check with your school to find out how to handle needed medications for your child. It also depends on the medicine. Some require keeping them stored with the school nurse, but others like a shot for anaphylactic shock for allergies, may be kept with your child.

Understand your rights as a parent to be notified or need to be at the present if your child's being questioned or possessions searched.

Questions for Your Attorney

  • I think my child was unlawfully arrested while at school. What can we do about it?
  • Do college campus police have the same authority as regular police?
  • Are my child's search and seizure rights the same whether a school official or police carry out the search?