Search and Seizure in Search and Seizure in Public SchoolsPublic Schools

William Allan Kritsonis, PhDWilliam Allan Kritsonis, PhD

OverviewOverview

Landmark CasesLandmark Cases General Cases involving studentsGeneral Cases involving students Strip SearchesStrip Searches Mass or Random Drug TestingMass or Random Drug Testing Metal Detector SearchesMetal Detector Searches Random Locker SearchesRandom Locker Searches Field Trip SearchesField Trip Searches Other searches conducted without individualized Other searches conducted without individualized

suspensionsuspension Drug Test cases involving AdultsDrug Test cases involving Adults

Landmark CasesLandmark Cases

New Jersey v. T.L.O.New Jersey v. T.L.O., 469 U.S. 325 (1985), 469 U.S. 325 (1985)

Vernonia School District 47J v. ActonVernonia School District 47J v. Acton (1995)(1995)

General Cases Involving StudentsGeneral Cases Involving Students

Gruenke v. Seip, 225 F.3d 290 (3d Cir. 2000)Gruenke v. Seip, 225 F.3d 290 (3d Cir. 2000) A member of a swim team who was asked by her

coach to take a pregnancy test, claimed violations of state law and damages under §1983. The 3rd Circuit Court of appeals overturned a lower court decision by ruling that the coach’s request did violate the student’s 4th amendment rights and that he was not entitled to qualified immunity relative to disclosure of student’s personal and medical records.

General Cases Continued…General Cases Continued…

Bridgman v. New Trier H.S. District 203, 128 Bridgman v. New Trier H.S. District 203, 128 F.3d 1146 (7th Cir. 1997)F.3d 1146 (7th Cir. 1997) A male high school student exhibited what appeared A male high school student exhibited what appeared

to be signs of drug use (alleged unruly behavior, to be signs of drug use (alleged unruly behavior, dilated pupils, bloodshot eyes, giggling). As a result, dilated pupils, bloodshot eyes, giggling). As a result, he was subjected to a “medical assessment” by the he was subjected to a “medical assessment” by the school’s Health Service Coordinator and was searched school’s Health Service Coordinator and was searched by the school’s Student Assistance Program by the school’s Student Assistance Program Coordinator who had initially noticed his behavior. A Coordinator who had initially noticed his behavior. A federal circuit court maintained that the search and federal circuit court maintained that the search and the ordering of a medical assessment were legal and the ordering of a medical assessment were legal and that the school’s policy requiring written reports that the school’s policy requiring written reports about student searches was constitutional. about student searches was constitutional.

Strip SearchesStrip Searches

Jenkins v. Talladega City Bd. of Educ., 115 Jenkins v. Talladega City Bd. of Educ., 115 F.3d 821 (11th Cir. 1997)F.3d 821 (11th Cir. 1997) Two second grade girls were strip searched Two second grade girls were strip searched

after being accused of taking a missing $7. after being accused of taking a missing $7. The court did not rule on the reasonableness The court did not rule on the reasonableness of the search but did state that §1983 of the search but did state that §1983 damages would not be awarded because damages would not be awarded because school officials would not necessarily have school officials would not necessarily have known that the search was unreasonable known that the search was unreasonable because there was no precedent in either because there was no precedent in either Alabama or in the 11th Circuit. Alabama or in the 11th Circuit.

Strip Searches Continued..Strip Searches Continued..

Cornfield v. Consolidated High School Cornfield v. Consolidated High School District 230, 991 F.2d 1316 (7th Cir. District 230, 991 F.2d 1316 (7th Cir. 1993).1993). A male high school student was suspected of A male high school student was suspected of

“crotching” drugs. He was ordered to remove “crotching” drugs. He was ordered to remove all his clothes and school authorities visually all his clothes and school authorities visually inspected his naked body. No drugs were inspected his naked body. No drugs were found, but the search was upheld as found, but the search was upheld as reasonable. reasonable.

Mass or Random Drug TestingMass or Random Drug Testing

Bd. of Education of Independent School Bd. of Education of Independent School District No. 92 of Pottawatomie County v. District No. 92 of Pottawatomie County v. Earls, Bd., 536 U.S. 822 (2002). Earls, Bd., 536 U.S. 822 (2002). The U.S. Supreme Court ruled that random The U.S. Supreme Court ruled that random

drug testing of students involved in drug testing of students involved in extracurricular activities is legal. extracurricular activities is legal.

Mass or Random Drug Testing Mass or Random Drug Testing Continued…Continued…

Vernonia School District 47J v. Acton, 515 Vernonia School District 47J v. Acton, 515 U.S. 646 (1995)U.S. 646 (1995) A seventh grade student was not permitted A seventh grade student was not permitted

to participate in interscholastic athletics to participate in interscholastic athletics because he refused to submit to the school’s because he refused to submit to the school’s drug testing program. The Court ruled that drug testing program. The Court ruled that the program was constitutional. There were the program was constitutional. There were drug problems in the school and student drug problems in the school and student athletes have a reduced expectation of athletes have a reduced expectation of privacy. privacy.

Metal Detector SearchesMetal Detector Searches State v. J.A.State v. J.A., 679 So. 2d 316 (Fla. App. 1996), 679 So. 2d 316 (Fla. App. 1996)

An independent security firm was hired by the school An independent security firm was hired by the school board to conduct searches of district schools with a board to conduct searches of district schools with a hand held metal detector. A team arrived at a Florida hand held metal detector. A team arrived at a Florida secondary school class and noticed a jacket being secondary school class and noticed a jacket being passed to the back of the room. The team retrieved passed to the back of the room. The team retrieved the jacket, scanned it, and found a gun. J.A. was the jacket, scanned it, and found a gun. J.A. was identified as the jacket’s owner. The court identified identified as the jacket’s owner. The court identified this search as a random, suspicionless, administrative this search as a random, suspicionless, administrative search to further the purpose of keeping schools safe. search to further the purpose of keeping schools safe. The nature of search was considered a minimal The nature of search was considered a minimal intrusion and the interest of protecting schools from intrusion and the interest of protecting schools from weapons and violence was immediate. Hence, the weapons and violence was immediate. Hence, the search was reasonable and not in violation of the search was reasonable and not in violation of the Fourth Amendment.Fourth Amendment.

Metal Detector Searches Metal Detector Searches Continued…Continued…

People v. DukesPeople v. Dukes, 580 N.Y.S.2d 850 (N.Y. , 580 N.Y.S.2d 850 (N.Y. City Crim. Ct. 1992)City Crim. Ct. 1992) A New York court ruled that a student’s rights A New York court ruled that a student’s rights

were not violated when she was subjected to were not violated when she was subjected to a metal detector search without individualized a metal detector search without individualized suspicion. The metal detector search resulted suspicion. The metal detector search resulted in a search of the student’s book bag in a search of the student’s book bag whereupon a knife was found. whereupon a knife was found.

Random Locker SearchesRandom Locker Searches Commonwealth v. CassCommonwealth v. Cass, 709 A.2d 350 (Pa. 1998). , 709 A.2d 350 (Pa. 1998).

After observing numerous occurrences of what After observing numerous occurrences of what appeared to be suspicious student behavior (frequent appeared to be suspicious student behavior (frequent phone calls, use of beepers, and carrying large sums phone calls, use of beepers, and carrying large sums of money), administrators at Harborcreek High School of money), administrators at Harborcreek High School in Erie County, requested the state police to conduct in Erie County, requested the state police to conduct canine sniffing of student lockers. Drugs were found in canine sniffing of student lockers. Drugs were found in only one of the 2,000 lockers searched. Drug only one of the 2,000 lockers searched. Drug paraphernalia and a small amount of marijuana was paraphernalia and a small amount of marijuana was seized. The student was called to the principal’s office seized. The student was called to the principal’s office and read his rights. Overturning a state superior court and read his rights. Overturning a state superior court decision, Pa.’s Supreme Court maintained that this decision, Pa.’s Supreme Court maintained that this search was reasonable under the federal constitution search was reasonable under the federal constitution and Article 1, §8 of the Pa. Constitution. The court and Article 1, §8 of the Pa. Constitution. The court pointed out the danger of drugs and students’ limited pointed out the danger of drugs and students’ limited privacy in schools as a basis for its decision. privacy in schools as a basis for its decision.

Field Trip SearchesField Trip Searches

Webb v. McCulloughWebb v. McCullough, 828 F.2d 1151 (6th Cir. , 828 F.2d 1151 (6th Cir. 1987). On a trip to Hawaii of 140 students, a 1987). On a trip to Hawaii of 140 students, a principal’s search of student rooms for alcohol principal’s search of student rooms for alcohol and without individualized suspicion was and without individualized suspicion was unreasonable unreasonable

Kuehn v. Renton School Dist. No. 403Kuehn v. Renton School Dist. No. 403, 694 , 694 P.2d 1078 (Wash. 1985). Mass searches of P.2d 1078 (Wash. 1985). Mass searches of students’ luggage prior to a field trip were students’ luggage prior to a field trip were unreasonable because they lacked unreasonable because they lacked individualized suspicion. individualized suspicion.

ReferencesReferences

WestlawWestlaw Darwin, Darden C. (2006) Search and Darwin, Darden C. (2006) Search and

seziure, due process, and public schools. seziure, due process, and public schools. The Center for Public Education. Retrived The Center for Public Education. Retrived on April 15, 2008. from on April 15, 2008. from http://www.centerforpubliceducation.org/site/c.kjJXJ5MPIwE/b.1537263/k.CB45/Search_and_seizure_due_process_and_public_schools.htmhttp://www.centerforpubliceducation.org/site/c.kjJXJ5MPIwE/b.1537263/k.CB45/Search_and_seizure_due_process_and_public_schools.htm