Bag searches at public schools. Constitutional?

Some ammunition (that’s all the detail they’re releasing right now – not what kind, not how much, not where) was found in a school semi-near where I grew up yesterday. They put the school on lockdown, called buses, then evacuated the place.

Today, they trucked in metal detectors and a police search dog, and they searched all the students’ bags as they entered and left school.

I know schools use metal detectors and search dogs, but is searching EVERY student’s bag with no probable cause really protected?

story link (I don’t live near there anymore, but I follow the news online, all I know is what’s in that story)

I am not sure what the constitutional issue would be. Unlawful search and seizure? Many sporting events check every bag. Maybe if consent to search is a condition of entry? You don’t *have *to be searched. You are free to leave without entering.

Unlawful search, yes. And sporting events, concerts, et. al. are voluntary, as you said. School is not.

Schools are in loco parentis. That is they have essentially the power of parents over students while they are in school. As such, they can search person or property of students at will.

See: http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/searches.htm

In New Jersey v. T.L.O., the Court sad:

http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/tlo.html

Later, the Court approved random drug testing of school athletes in *Veronia * http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/veronia.html and drug testing of all students participating in competitive extracurricular activities in *Board of Education v Earls * http://www.law.umkc.edu/faculty/projects/ftrials/conlaw/searches.htm

This would appear to be contradicted by the cite posted directly after, which states that the search must adhere to the standard of reasonableness. Do you have a cite that supports the notion that in loco parentis status supercedes the ruling of the Supreme Court?

Reasonableness is the current standard. However, the two quotes are not directly contradictory – although it is true that a school search must be reasonable, the Court will nearly always find reasonableness unless there is something egregiously invasive about the method of testing.

Check out the facts of Earls. The complaining students were exemplary students and members of the chess team and band, and the school did not prove any problem of drug abuse within the school. The Court found that there was no requirement for the school to show a special safety need or individualized suspicion in order for the search to be reasonable. (Different from Veronia where the Court leaned heavily on the school’s responsibility to protect student athlete’s health) Ginsberg’s dissent is pretty classic, BTW.

These don’t bug me as much because participation is voluntary. Don’t go out for the team, and you aren’t subject to drug testing.

Regarding the New Jersey case, I think I would argue there are not “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,” when looked at in each individual case. You could argue that searching the student body as a whole may have reasonable grounds for suspecting you will find evidence, but then wouldn’t that be true most days?

Which makes me wonder: Do parents have unlimited authority to search their minor children’s belongings?

When a private party searches another private party, the 4th Amendment doesn’t enter the equation. I order for the 4th A to protect you, the search must be done by the government or its agents.

So, yes, parents have an unlimited right to search their children, limited only by relevant local laws.

Unfortunately, we don’t get to pick the standards. While *T.L.O. * established a reasonbleness standard, the later cases make clear that individualized suspicion is not required:

http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=us&vol=000&invol=01-332 (Emphasis added.)

I wasn’t thinking of 4th amendment rights. A “private party” has no right to search another private party’s belongings. Parents obviously have some rights to search their minor children’s belongings, but I was wondering if those rights had any limits.

Essentially no. As I pointed out in the Flyers staff report http://www.straightdope.com/mailbag/msolicitation.html in order to win a trespass to chattels case, you’ve generally got to show damage to the property. State law might intervene to stop searches that endanger the child or amount to abuse, but they’re not going to prevent the parent from hunting for drugs or other contraband.

Uh, I believe the courts have determined that searching every bag is reasonable for someone acting as a parent. So there is no notion of superceding a supreme court ruling.

The argument/concern is whether searching the private property of individual students (either one, some, or all) is reasonable in a school situation. As I understand the law, and as numerous court cases have shown, the answer is yes. You and I may not agree, but we don’t make or interpret the laws.

The part that was not-quite-right was not that schools are *in loco parentis *, but that they “can search person or property of students at will.” The Court considered and rejected this claim in T.L.O.

“Teachers and school administrators, it is said, act in loco parentis in their dealings with students: their authority is that of the parent, not the State, and is therefore not subject to the limits of the Fourth Amendment.”

Serious question: presumably they wouldn’t have such authority over a parent. So if a parent, acting as a parent, were to escort the child into the premises, would that have any effect? Can’t imagine there’s real case law on that, though.

I assume you are talking about a parent trying to enter the school with a student. In a case like that, I’m going to fall back on Hello Again’s right to exclude. The parent:

  1. Doesn’t have the right to unilaterally exempt his child from school regulations. While you might legitimately claim some sort of exemption from the rule, your mere presence doesn’t give you the power to overrule school administrators.

  2. Is an invitee on the property. He’s going to have to comply with requirements imposed by the school, including not interfering with security measures.
    If you don’t follow the rules, the school can exclude you from the property. If you refuse to leave police will come and search you, at a minimum.

The *loco parentis * thing is a bit of a red herring. You’ll note that the Court rejected that argument, and did so when it was offered as support for the school’s claim that it wasn’t bound by the fourth amendment. Here’s the quote in context:

(Emphasis added.)