law and juvenile justice for people of color in elementary and secondary schools, The

Journal of Negro Education, The, Summer 2002 by Brown, Frank, Russo, Charles J, Hunter, Richard C

The U.S. Supreme Court has concluded that under the Fourth Amendment to the U.S. Constitution, searches of students by school officials do not have to adhere to the standard of "probable cause" imposed upon law enforcement officers off school property but upon the "reasonableness" of the search in light of all the circumstances. There must be reasonable grounds to believe that the search will reveal a violation of school rules or produce evidence of unlawful activity. The states remain free to provide greater protection for students against searches by school personnel, as Louisiana and California have done. In New Jersey v. T.L.O. (1985), the U.S. Supreme Court responded to the search of a student's purse by the school's assistant principal that yielded marijuana. A juvenile court hearing was held and the girl was adjudged a delinquent. This judgment was appealed. Contending that her constitutional rights had been violated by the search of her purse, she argued that the evidence should have been excluded from the juvenile court proceeding. Her appeal was upheld by the New Jersey Supreme Court but the U.S. Supreme Court took the case and ruled that the search did not violate the Fourth Amendment prohibition against unreasonable search and seizure if: (a) the search was justified by a reasonable suspicion and the scope, and (b) conduct of the search was reasonably related to the circumstances which gave rise to the search, and school officials took into account the student's age, sex, and the nature of the offense. The Court also upheld the right of school officials to require students who participate in extracurricular activities to submit to drug testing (Vernonia School District v. Acton, 1995).

Police Involvement

Several state courts have taken the position that when police are involved in a student search, the Fourth Amendment standard of probable cause must exist and the students must be advised of their rights. A middle grade student brought a gun to school to protect himself from bullies who had harassed him (In the Matter of V.P., 2001). School officials and a school policeman were advised of the gun and escorted him to a school office for questioning where he admitted to having a weapon. The officer left the room during the questioning and the student asked to speak to his mother and lawyer. A Texas district court placed the student in a treatment facility for 14 months. The student appealed the decision to the Texas Court of Appeals arguing that his confession and the seized gun evidence should have been suppressed because he had not received his Miranda warnings. The Texas Appeals Court denied his appeal. The Texas Appeals Court's decision in this case is similar to rulings from state courts in Rhode Island, New Jersey, Massachusetts, Florida and California that school officials are not required to meet the strict requirements of probable cause and need not issue Miranda warnings when questioning students about school rules violations (In the Matter of V.P., 2001).