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Up Next: 4th Amendment Rights of Students

Katie

Created on September 18, 2025

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Transcript

Up Next: 4th Amendment Rights of Students

You are the assistant principal of a public high school. Today, several situations arise where you must decide how to handle possible student misconduct. Goal: Apply the Fourth Amendment and school law correctly to each decision.

Start

A teacher brings you a student's backpack. She says she smells marijuana coming from it. The student denies it.

Backpack Smell.

Search the backpack immediately.

Refuse to search without police. Report to the SRO.

Call the student's parents FIRST.

A fight occurs. You hear that a student recorded it on their phone. You want to see the video.

Cell Phone Video.

Demand the student unlock their phone.

Ask the student voluntarily to share.

Wait for law enforcement to handle it..

The school resource officer (SRO) suggests random locker searches to deter vaping.

Random Locker Checks.

Approve random searches with no suspicion.

Approve only if drug-sniffing dogs alert first.

Say no, only search if suspicion exists..

Based on a student tip, you suspect a student has stolen equipment in their car in the school lot.

Student Vehicle.

Search the car yourself.

Call SRO to search.

Wait until you get more evidence..

Legal — New Jersey v. T.L.O. allows school officials to search based on reasonable suspicion.

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Not required — schools don’t need warrants/probable cause like police do. Delaying could risk evidence destruction.

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Optional- but not required before a reasonable suspicion search.

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Problematic — courts are split, but generally, searching phones is more protected (Riley v. California). Students retain stronger privacy rights in digital content.

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Legal — voluntary consent is valid, though coercion is tricky in school settings.

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Questionable — police generally need a warrant for phone searches and are not likely to get involved in a school matter unless....

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Likely legal if lockers are school property and students are told the school reserves the right to inspect.

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Courts often uphold dog sniffs as minimally intrusive.

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Strict, but not required; schools can do suspicionless searches of lockers in many states.

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Questionable — administrators have less authority with cars than lockers/backpacks.

End.

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Police need probable cause or warrant

End.

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Safest legally, but delays recovery.

End.

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Up Next: 4th Amendment Rights of Students

Reasonable suspicion vs. probable cause: Schools use the lower standard (T.L.O.). Phones/digital devices: More protected than physical items. Lockers/cars: Depends on ownership and school policy. Consent matters: Student agreement changes legal footing. Educational vs. law enforcement roles: SROs operate differently than principals/teachers.