US Supreme Court Ruling on Student Rights

The United States Supreme Court recently decided that public school officials are now limited in their ability to search students for drugs or other harmful items.  In Safford United School District v. Redding, the Supreme Court ruled that school official searches of the inter-clothing and undergarments of a student, in other words a strip search, will be pretty much prohibited from here on out under the United States Constitution.

The Court did not change the right of public school officials to search students’ back packs, notebooks, and other belongings along with their outer-clothing and pockets based upon reasonable suspicion.

This is a particularly difficult problem for school officials and for students and their parents.  It is also a good example of how difficult these cases are.  Certainly, the school officials want to provide a safe school environment for their students, faculty, and staff.  On the other hand, the United States Constitution protects all people, including students, from unreasonable searches and seizures.  This case points out the difficult issues that Courts, prosecutors, and defense attorneys face on these issues. 

The bottom line here is that students do enjoy some Constitutional protection from unreasonable searches and seizures, and they are not susceptible to the whims of school administrators.  Student searches by school officials require, at a minimum, at least reasonable suspicion of illegal activity before any search can be conducted.