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Search and Seizures (School Property (cars (Can be searched if a dog…
Search and Seizures
School Property
cars
Can be searched if a dog alerts its handler to possible contraband, thus being considered reasonable suspicion. Cars are considered " in plain view" (Schimmel et al., 2015)
Lockers
"Search any pupil's locker and the contents of the locker that is searched if the principal reasonably suspects that the locker or its contents contains evidence of a pupil's violation of a criminal statute or of a school rule" (ORC, 2019).
Can search any student locker if it is clearly posted near the lockers that they are the property of the Board and are subject to search at any time without notice or reasonable suspicion (ORC, 2019).
Dogs
Can be used to search objects such as lockers or cars, these are in "public view". Cannot sniff people because this is a more intrusive invasion of privacy. Can only be used with people when there is reasonable cause to beliveve a particular student has contraband on their person (Schimmel et al., 2015)
Personal belongings
Cars
Dogs can sniff because a cars odor is considered a "public smell" and then a search can take place if the dog alerts its handler allowing the school to search for contraband (Schimmel et al., 2015)
Purses/Backpacks
Can be conducted when there is reasonable grounds to suspect it will turn up evidence that a students is violating laws or school policies (Schimmel et al., 2015)
Strip Searches
Legal when based on reasonable suspicion, related to the objectives of the search, and not excessively instrusive in light of the students age, sex , and nature of the infraction (Schimmel et al., 2015)
Administrators
"In T.L.O., the Supremem Court held that school officials represent a hybrid for Fourth Amendament purposes; they are constrained by the Fourth Amendment's reasonable requirement, but not by its probable cause or warrant requirements" (Juvenile Defense Network, 2005, pp.4-5)
Police Involvement
The relaxation of probable cause and warrant requirements only apply when school officials are not acting at the behest of law enforcement (Juvenile Defense Network, 2005).
If school officials conduct the search themselves but ask for law enforcement assistance, only reasonable cause is required (Schimmel et al., 2015)
Drug Testing
Can be conducted for students particpating in extra-curricular activities. The courts justify this "based on the school's responsibility to protect the health and safety of students as well as the fact that it is a privelege not a right to particpate in extracurricular activites" (Schimmel et al., 2015, p. 271)