Legal Standard: Reasonable Suspicion

The U.S. Supreme Court established in New Jersey v. T.L.O. (1985) that school officials may search students when:

1. There are reasonable grounds for suspecting the search will reveal evidence of a violation
2. The search is reasonable in scope — not excessively intrusive in light of the student's age, sex, and nature of the infraction

This is a lower standard than the probable cause required for law enforcement.

Types of Searches

Student Person (Pockets, Bags)

• Requires individualized reasonable suspicion
• Must be proportional to the suspected violation
• Should be conducted by a same-gender staff member when possible
• A witness should be present

Lockers

• Schools generally have greater authority to search lockers
• If the school policy states lockers are school property, searches may be conducted with less suspicion
• Best practice: Clearly communicate the locker policy to students at the start of the year

Cell Phones / Electronic Devices

• Can be confiscated if used in violation of school policy
• Searching the contents of a phone requires reasonable suspicion of a specific violation
• The search scope must be limited to evidence of the suspected violation
• Consider the student's privacy interest in the contents of their device

Vehicles on Campus

• Similar standard as personal searches — requires reasonable suspicion
• Driving on campus may imply consent to vehicle searches under school policy

Absolute Prohibitions

• No strip searches — CA Education Code §49050 explicitly prohibits strip searches of students
• No body cavity searches — These require a warrant even for law enforcement

Dean Checklist Before Conducting a Search

1. Do I have specific, articulable facts supporting my suspicion?
2. Is the suspicion related to a school rule violation or crime?
3. Is the scope of the search proportional to the suspected violation?
4. Is a witness present?
5. Am I (or the searcher) the same gender as the student?
6. Have I documented the basis for the search?
7. I am NOT conducting a strip search or body cavity search