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Overview
A person has a right to be secure from unlawful searches, but the state is required to provide a safe haven for educating our children. These two issues collide in the aspect of searches on school grounds. Should a teenager expect a certain amount of privacy in regards to his lockers on school property" Or, should the school be able to violate that privacy to maintain the safety of the other children for which it is responsible?
Significance
The U.S. Constitution protects an individual's privacy from unreasonable searches and seizures. This protection requires the government to acquire a warrant based on probable cause for a search that would invade a person's reasonable expectation of privacy. Probable cause is evidence that a crime has been or is about to be committed.
Problem
School officials are required to maintain a safe haven where children can learn. Obviously, this can be a difficult task in light of the number of children compared to the number of staff in a school. Searches for weapons, drugs or other contraband are necessary to maintain the safety of the other children for which they are responsible.
History
In New Jersey v. T.L.O. (1985), a teacher at a New Jersey high school caught T.L.O. smoking in the girl's restroom. When the principal confronted T.L.O., she denied smoking. The assistant vice principal then demanded T.L.O.'s purse and searched it, finding cigarettes and rolling papers. Rolling papers are known to be used for smoking marijuana, so he searched the purse more thoroughly and found marijuana, a pipe, plastic bags, a substantial amount of money and lists of individuals that owed T.L.O. money. The state filed delinquency charges and the case reached the U.S. Supreme Court under the question of legality of the search. In the case, the Supreme Court ruled that the 4th Amendment did apply to school searches but the restrictions on search and seizure in a school should be eased for school officials under the guise of maintaining a healthy learning environment. Under this, they stated that school officials don't have to get warrants before they search students; reasonable suspicion of a crime or the breaking of a school code is enough to conduct a search.
Effects
In cases since New Jersey v. T.L.O., the courts have sided with schools concerning the right to search, suggesting students should have no reasonable expectation of privacy in schools. This includes the use of dogs for random drug searches.
Benefits
Deterrence is the main factor in conducting searches; therefore, schools should announce random searches in advance. Another method for deterrence would be the installation of swipe-card lockers that would monitor the activity at the locker throughout the day. An individual that opens and closes her locker excessively throughout the day may be involved in activities requiring more monitoring. Cameras in hallways and common areas are another method for deterrence.
