Search & Seizure in Schools: Drug Testing in Public Schools

Opinion Poll Drug testing should be allowed in schools Strongly Agree Strongly Disagree

Drug testing should be allowed in schools Opinion Poll Drug testing should be allowed in schools Test everyone Random Testing Test Suspicious Never Test

What’s the Law? Federal law: The Fourth Amendment to the Constitution “Special needs” searches are reasonable even without a warrant The US Supreme Court has said that drug testing of student athletes falls within this “special needs” exception because schools need to protect students’ well-being. The Supreme Court later said that schools can drug test ANY student participating in extracurricular activities.

What’s the Law Here? South Carolina Law Article I, Section 10 of the SC Constitution: “The right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures and unreasonable invasions of privacy shall not be violated, and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, the person or thing to be seized, and the information to be obtained.”

Who Got It Right? Do schools have a “special need” to keep drugs out of schools? Or should schools be limited to testing students they have reason to suspect might be using drugs?

The Fourth Amendment in Schools Students do NOT give up their Fourth Amendment rights when they come to school. But the government can easily justify a search of the student’s person or possessions at school. The US Supreme Court in New Jersey v. T.L.O said: a school can search a student’s person or possessions if there is a “reasonable suspicion” that the student has contraband items. Ask students: what do you think reasonable suspicion is? Answer: a person in the police officer’s position, knowing the information that is available to him/her, could reasonably believe that a crime has been committed or is about to be committed. It has to be backed up by SOME evidence, but not the same as probable cause. ASK: Does it make sense to reduce this burden in schools? Where else might this “special need” apply?

Key Question: Reasonableness Is the item that the school is searching for something extremely dangerous? How reliable is the information? How badly was the person’s privacy invaded? The Supreme Court said in Safford v. Redding that it was NOT reasonable for a school to make a 13 year old student undress so she could be searched for Tylenol based on an unconfirmed tip. ASK: Are there any circumstances when it might be reasonable for a school to make someone undress to be searched?