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Anonymous
Anonymous asks:
Q:

Is it permissable for a teacher to search student property?

In school cellular telephones are not permitted in the classroom (they are allowed to be in lockers and vehicles while off). A cell phone went off in class and the teacher in this class asked whose cell phone went off. No student confessed as to whose phone it was. The teacher then proceeded to say that if nobody confessed that the teacher would search everyone's athletic bags, pocketbooks, and pockets confiscating all phones in the process. In short is it permissible for a teacher to search all students without knowing the exact student responsible?
In Topics: School and Academics, Children and cell phones, School safety (not bullying)
> 60 days ago

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xtriste.bonitax
xtriste.bon... writes:
Ok...well I am a student and I have been in the exact same situation with the whole phone ringing in class...except my teacher knew he is NOT suppose to look through any student property; including gym bags and all. In my case my teacher did not go through anyone's belongings but he asks all the students that had cell phones in a specific area in the room to take out their cell phones to check if they were on(we are allowed to have cell phones in school, but they must be turned off during class periods). And in this situation the student has the right to give the teacher their cell phone or not. The only consequence you may recieve as a student would be "being insubordinant"(sorry may be misspelled). Other than this extra info. I have given you, NO... teachers are NOT allowed to look through student belongings. I believe it varies in some work related situations as well.
> 60 days ago

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dpratser
dpratser writes:
School officials in public shools have more leniency when it comes to searching personal belongings of students than a police officer would if you were off school property.  Here's some legal info on the topic:

The Fourth Amendment to the U.S. Constitution guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Before 1985, doubt existed about whether this right applied to students in the public schools. Schools argued that administrators acted in loco parentis—in the place of the parent—while students were at school. In 1985, the U.S. Supreme Court determined that the Fourth Amendment applies to students in the public schools (New Jersey v. T.L.O., 1985). The Court concluded, however, that the school environment requires an easing of the restriction to which searches by public authorities are normally subject. School officials, therefore, do not need probable cause or a warrant to search students.

The Court articulated a standard for student searches: reasonable suspicion. Reasonable suspicion is satisfied when two conditions exist: (1) the search is justified at its inception, meaning that there are reasonable grounds for suspecting that the search will reveal evidence that the student has violated or is violating the law or school rules, and (2) the search is reasonably related in scope to the circumstances that justified the search, meaning that the measures used to conduct the search are reasonably related to the objectives of the search and that the search is not excessively intrusive in light of the student's age and sex and the nature of the offense.

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ric1213
ric1213 writes:
With regards to searches and minor children in school; Although a school representitive can search a school locker (because it is actually school property on loan to the student). Searching their person or personal belongings such as a backpack while on their person is only legal IF the student allows the act. If the student refuses a search by a school representitive "and each and every student should be instructed to do so" they cannot force a search of a minor...legally. Don't believe the hype you may hear to the contrary they simply cannot do this. So to answer your question; Only if you allow them to.
> 60 days ago

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MrsReading
MrsReading , Child Professional, Teacher, Parent writes:
I would let common sense prevail here. If you have reason to believe the student may have a weapon get the vice principal or other administrator to advise you ASAP. Never search anything without a higher authority with you. In the case of the cell phones ringing, if the student will not voluntarily turn it off have him/her place it somewhere where it can not disturb others (outside, closet, etc.).
> 60 days ago

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tinku
tinku writes:
yes
> 60 days ago

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MimiR
MimiR writes:
That's not legal.

Amusingly, it IS legal for the school to search the lockers!
> 60 days ago

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Ellabernstiene123.net
Ellabernsti... writes:
The Right to Search Students
Kate R. Ehlenberger
Student search can be a tool for maintaining safe schools, but school administrators must balance students' individual rights with the school community's need for a safe learning environment.
Littleton, Jonesboro, Springfield, West Paducah, and Pearl. The school tragedies in these communities brought the threat to school safety into the public conscience and moved school safety onto the U.S. public agenda. Safety threats, once thought to be only an urban problem, are a concern for urban, rural, and suburban areas alike. Although schools are among the safest places for children to be, education policymakers and administrators continue to look for ways to protect students and staff. One tool for keeping schools safe is the use of student searches.
Students in U.S. public schools have the Fourth Amendment right to be free from unreasonable searches. This right is diminished in the school environment, however, because of the unique need to maintain a safe atmosphere where learning and teaching can occur. Schools must strike a balance between the student's right to privacy and the need to maintain school safety.
The courts have recently expanded the right of school officials to conduct student searches, resulting in part from recent acts of school violence and heightened public scrutiny. A search that was illegal 20 years ago now may be a legal search. Unfortunately, no definitive test exists for determining what constitutes a legal search. Moreover, what may be legal in one jurisdiction could be illegal in another locality because search law is so fact- and context-specific. This vagueness leaves teachers, administrators, policymakers, and school security and law enforcement personnel wondering what constitutes a legal search of a student in a public school.
Reasonable Suspicion

The Fourth Amendment to the U.S. Constitution guarantees "the right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures." Before 1985, doubt existed about whether this right applied to students in the public schools. Schools argued that administrators acted in loco parentis—in the place of the parent—while students were at school. In 1985, the U.S. Supreme Court determined that the Fourth Amendment applies to students in the public schools (New Jersey v. T.L.O., 1985). The Court concluded, however, that the school environment requires an easing of the restriction to which searches by public authorities are normally subject. School officials, therefore, do not need probable cause or a warrant to search students.
The Court articulated a standard for student searches: reasonable suspicion. Reasonable suspicion is satisfied when two conditions exist: (1) the search is justified at its inception, meaning that there are reasonable grounds for suspecting that the search will reveal evidence that the student has violated or is violating the law or school rules, and (2) the search is reasonably related in scope to the circumstances that justified the search, meaning that the measures used to conduct the search are reasonably related to the objectives of the search and that the search is not excessively intrusive in light of the student's age and sex and the nature of the offense.
In New Jersey v. T.L.O., a teacher's report of a student smoking in the bathroom justified a search of the student's purse. Since this landmark decision, several cases have debated what constitutes reasonable suspicion

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jsherbie
jsherbie writes:
I believe that schools shouldn't be able to search peoples privacy. Only if they are absolutely positive that the student did it, should they even think about it.
> 60 days ago

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Doroti
Doroti writes:
yes, a teacher is but only any critical situation
> 60 days ago

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