Educators have the right to initiate student searches when there are sufficient grounds to suspect that the student is involved in illegal activity.
Searches may include drug testing, searches of the body, lockers, computers, vehicle and other property.
However, there are policies that must be followed when school or law officials conduct student searches.
Many parents are extremely concerned when they discover that their child has been subjected to a search.
While most school and legal officials will aim to have the student give their verbal consent to a search, parents may still have concerns as to whether or not their child’s rights were violated.
Though it is extremely important that schools are kept safe and secure, it is also important that student’s constitutional rights are protected and respected. There are guidelines that determine whether or not it is appropriate to conduct a search and whether or not the student has the right to agree to or waive their rights for the search.
If your child has been involved in a search at school and you believe that the search was unwarranted or that your child’s rights were violated then you should contact an attorney as soon as possible.
The attorney will assess your situation and determine the best course of action.
Many areas of search and seizure as they relate to education are new territories and various school officials interpret standards differently. Therefore it is iimportantto speak with an attorney who can best assess your case.