[Sara-S]

Why does a principal and or school official have the right to search students, but the police need to have a warrant to search someone?
Original Code O34. Click here to see responses from the original archives. Click “to respond” below to reply.

User Detail :  

Name : Sara-S, Gender : F, Age : 17, City : Pioneer, State : CA, Country : United States, 

[Robert D]

The Supreme Court has ruled that teachers and faculty members of a school can search a student based on a different standard than can a police officer. Police officers may search if they have no ‘reasonable doubt’, whereas a teacher may, by law, search if they have ‘reasonable suspicion’. The difference is little, but vital. It’s all about ensuring the safety of the children in the school, rather than expecting mature adults to be able to police themselves.

User Detail :  

Name : Robert D, Gender : M, Sexual Orientation : Straight, Race : White/Caucasian, Religion : Episcopalian, Age : 31, City : Greensboro, State : NC, Country : United States, Occupation : teacher, Education level : Over 4 Years of College, Social class : Middle class, 

[Robin]

I remember from some law classes in college and also from Probation Officer training that schools can search lockers because it’s considered school property, and it is only on loan to you. You have no ownership rights. This also goes for college dorm rooms, which can be (but are usually not) searched without a warrant. As for your personal bags, they should ask you first, and if you decline, then they’ll have a reason to search because you seem hostile. It’s kind of a no-win situation. I believe (although I’m not an attorney) that police have the right to search cars, even without a warrant, because they are on the streets, which are considered public property. I may be wrong, though.

User Detail :  

Name : Robin, Gender : F, Age : 30, City : Lewisville, State : TX, Country : United States, Occupation : counselor, Education level : Over 4 Years of College, 

[Tommy20820]

Police don’t need a warrant to frisk someone. It is actually called a Terry Search. It allows an officer to ‘frisk’ anyone to ensure their safety. The same policy for school officials. They are not performing a full search, they are performing a Terry Search to ensure safety of themselves and the others around.

User Detail :  

Name : Tommy20820, Gender : M, Race : White/Caucasian, Age : 27, City : Rossford, State : OH, Country : United States, Education level : Technical School, Social class : Middle class, 

[Author]

Posts