Grady L. Hunt Locklear, Jacobs, Hunt & Brooks (910) The information contained in this presentation is intended for general guidance only, and is not intended to provide specific legal advice or to express specific legal opinions SEARCHES OF STUDENTS: T.L.O. AND BEYOND Public Schools of Robeson County August 6, 2014

Part 1: Standards for School Officials What are the legal limits and standards imposed upon school officials when conducting searches and seizures of students?

Constitutional Standard The Fourth Amendment protects all U.S. citizens against unreasonable searches and seizures by government officials: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated…”

U.S. Supreme Court Precedent In New Jersey v. T.L.O. (1985), the U.S. Supreme Court held that the Fourth Amendment protection against unreasonable searches and seizures applies to searches and investigations conducted by public school officials. The legality of such searches “should depend simply on the reasonableness, under all the circumstances, of the search (emphasis added).”

T.L.O. Facts Based on a teacher’s tip, assistant principal searches T.L.O’s purse for evidence of smoking. A/P finds a pack of cigarettes and cigarette rolling papers. A/P continues to search the purse and finds marijuana, a pipe, plastic bags, a substantial amount of money, a list of people who owed T.L.O. money, and letters that implicated T.L.O. in dealing marijuana.

T.L.O. Balancing Test On one hand, the Court wants to protect the privacy interests of the individual students –their “legitimate expectations of privacy and personal security.” On the other hand, the Court understands the need for school officials to maintain order and discipline to create a safe environment conducive to learning.

The Importance of the School Context “The school setting requires some easing of the restrictions to which searches by authorities [i.e., law enforcement] are ordinarily subject.” Thus: 1) School officials are not required to obtain a search warrant prior to a search of a student or his belongings. 2) School officials are not required to have “probable cause” before conducting a warrantless search of a student.

T.L.O. Reasonableness Test Determining the reasonableness of any search involves a two- fold inquiry: 1) Was the action “justified at its inception?” >Was there “reasonable suspicion” of finding evidence of wrongdoing? 2) Was the action “permissible in its scope?” > Was the search “not excessively intrusive” in light of the circumstances?

Questions????????