make WWAY your homepage  Become a fan on facebook  Follow us on twitter  Receive RSS Newsfeeds  MEMBERS: Register | Login

Schools

don't need parental permission to conduct a search of a student. School administrators have the authority to conduct a full search of a student if they have reasonable suspicion (not probable cause) that the student has violated either a school rule or is engaged in criminal activity (drug possession/weapon possession etc).
No search warrant is needed because the administrators operate under a case from the USSC that is the adoptive legal standard in NC. The case is New Jersey vs T.L.O..
As long as the administrators meet the "two prong test" of TLO, that the search is justified at its inception & reasonable in scope, then they are on solid legal ground. The School Resource Officer would be on solid legal ground as well if they were present for the search and were working in conjunction with school administrators.
If the administrators had individualized reasonable suspicion in this case I don't see where the search itself wouldn't be upheld. Whether or not person's of the opposite sex should have been present during the search is another matter.

Reply

The content of this field is kept private and will not be shown publicly.
  • Web page addresses and e-mail addresses turn into links automatically.
  • Lines and paragraphs break automatically.

More information about formatting options

To prevent automated spam submissions leave this field empty.
CAPTCHA
Please re-enter the code shown in the image below.