3.4.3

• Jurisdiction: Arizona

§ 3.4.3 Schools

A student advisor who entered a dorm room and discovered marijuana in a routine dormitory inspection announced in advance did not violate Fourth Amendment. State v. Kappes, 26 Ariz. App. 567, 570, 550 P.2d 121, 124 (1976) (Div. 1). School officials are considered private individuals, unless they are acting at the direction of, or in cooperation with, police. Id. The school advisor could then turn the marijuana over to the police who could seize it without a warrant. Id. See also Matter of Juvenile Action No. JV91000058, 183 Ariz. 204, 901 P.2d 1247 (App. 1995) (Div. 1) (school principals are not law enforcement agents unless they are “acting as agent of police.”). Public high school security personnel employed by the school are agents of the high school principal. State v. Serna, 176 Ariz. 267, 170, 860 P.2d 1320, 1323 (App. 1993) (Div. 1).

In a school setting, searches of students by school officials need only be “reasonable.” The school officials do not need probable cause. Serna, 176 Ariz. at 171, 860 P.2d at 1324; New Jersey v. T.L.O., 469 U.S. 325, 341 (1985). In T.L.O., the Court determined that the Fourth Amendment applies to a search conducted by school officials and set forth the level of suspicion required to justify the...