Section 7.10 Generally

• Library: School Law (2003 Ed. + 2016 Supp)

A. (§7.10) Generally

In New Jersey v. T.L.O., 469 U.S. 325 (1985), the Court outlined the requirements for a lawful search of a student on school premises by school officials. It was held that the Fourth Amendment does not require school officials to obtain a warrant before searching a student who is under their authority. Id. at 340. The legality of the search depends on its reasonableness under all the circumstances, not probable cause. Id. at 341. “[R]easonableness” depends on (1) whether the action was justified at its inception and (2) whether the scope of the search was reasonably related to the circumstance justifying the initial interference. Id. The procedure outlined by the Court reflects the Court’s accommodation of the state’s interest in maintaining order and discipline and the student’s legitimate expectation of privacy and personal security. The nature of the complex educational environment was held to justify the less protective search and seizure standards. Id. at 340–43.

Whether the fruits of an illegal search by school authorities would he subject to the exclusionary rule was an issue left undecided in T.L.O., 469 U.S. 325, because the search in that case was held to be reasonable. Id. at 333, n.3. Furthermore, the Court expressed no opinion on whether a student has a legitimate expectation of privacy in lockers, desks, or other school property and, if so, what standards would govern search and seizure by school officials in these areas. Id. at 337–38, n.5. The Court also noted: “Because the search of [the student’s] purse was based upon an individualized suspicion that she had violated school rules, we need not consider the circumstances that might justify school authorities in conducting searches unsupported by individualized suspicion.” Id. at 342, n.8 (citation omitted).

In New Jersey v. T.L.O., 469 U.S. 325, the Supreme Court noted that it was not addressing the question of what standard would apply when school officials search students at the request of law enforcement agencies. Id. at 341, n.7. In Cason v. Cook, 810 F.2d 188 (8^th Cir. 1987), the Eighth Circuit Court of Appeals held that the reasonableness standard established in T.L.O., rather than a probable cause requirement, was the correct standard for determining the propriety of a search of a student when a school official acted in conjunction with, but not at the behest of, a police liaison officer. Id. at 192. The court based its decision, in part, on the limited role that the police officer played in the...