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Searches: Supreme Court
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The Fourth Amendment prohibits all unreasonable searches and seizures by State officers. Reasonableness is determined by balancing the governmental interest behind the search against the privacy intrusion of the search. The Supreme Court has held that students have a legitimate expectation of privacy in their persons and accompanying possessions. However, the Court ... has held that schools have a substantial interest in maintaining security and order in the classroom and on school grounds. The Court has determined that this interest justifies a more flexible standard of reasonableness for searches of students that are conducted by school officials as opposed to law enforcement officers. Thus, the Court has held that school officials, unlike the police, do not need to obtain a warrant prior to conducting a search.
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A similar argument is applied to searches of prison visitors in United States v. Spriggs. As long as a prison visitor is warned that all visitors will be searched and consents to the search, consent can not be revoked once the search has begun. Allowing consent to be withdrawn, the court reasoned, would encourage the smuggling of contraband into prisons by providing a secure escape to the smuggler.[3]
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The vehicle searches must be conducted in a manner that curtails undue discretion on the part of school officials in deciding which vehicles to search. Suspicionless vehicle searches must be done uniformly or by systematically random selection, such as every third car. The courts have held that when the decision to search is left entirely to the discretion of the official, the searches may stigmatize or embarrass the isolated students searched, tending to make the search relatively more intrusive.
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