Random Locker Searches in Schools,

Random locker searches in schools, what issues are at stake here? Student's lockers are supposes to be where the student locks their valves and personal effects to keep others away from them. Lockers are meant to be for the student's privacy. So the questions are:

Do schools have the right to conduct random locker searches?

What are 'probable cause' and the 4th Amendment?

Is this an invasion of the student's privacy?

In this paper, all three questions will be answered in regards to random locker searches.

More and more schools across the country are starting to conduct random locker searches. In the 1980's school violence was rampant in most school districts across the country. Davis, Kelsey, Langellier, Mapes, and Rosendahl (2003) in the article "Surveillance in Schools: Safety vs. Person Privacy" give the following statistics as gotten from the National Education Association:

Every school day:

at least 100,000 students bring guns to school.

160,000 students skip classes because they fear physical harm.

40 students are hurt or killed by firearms.

6,250 teachers are threatened with bodily injury.

260 teachers are physically assaulted.

more Americans were killed by handguns between 1990 to 1992 (over

70,000) than were killed in Vietnam during the war (47,364).

Student and faculty safety is a major concern for school administrators.

School administration contends that the lockers are school property and are kept on school property; therefore, the school has the right to search the lockers whenever it deems it a necessity. Most school officials contend that the searches could prevent another school shooting and cuts down on other criminal behavior and problems. Most schools have the lockers search policy in their student handbook or have parents / guardians sign a statement that they consent or are aware of the school policy. The Constitution upholds the belief that each person has the right to avoid unreasonable searches. Regarding schools, the law has less meaning because a school is not looking just at the criminal aspect but the violation of school rules itself.

Do schools have the right to conduct random locker searches?

Very few court cases have been decided in favor of the student in regards to locker searches. This is especially true if the school has a written or signed policy explaining the policy of locker searches. The Worldlawdirect.com (2004) website article on "School Locker Searches," reports, "The theory posits that unless school districts have written and distributed a locker policy to students, students may have a high expectation of privacy and school authorities may have to meet higher constitutional standards to conduct a locker search." Schools need to have the signatures of the student plus a parent or guardian on file to show they are fully aware of the policy and what it means.

What are 'probable cause' and the 4th Amendment?

Students still have rights and protocols that protect them from unreasonable searches. In an article on the Legalzoom.com website, "School Lockers: What can a teacher search?," Thiagarajah (2006) declares, "The U.S. Supreme Court has also stated that the manner in which the search is conducted must be "reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction." Anything found during a locker search may be used against the student in regards to school status but most courts will not admit the evidence in a criminal trial unless the search is deemed as done with 'probable cause' or 'reasonable suspicion." The American Civil Liberties Union (ACLU) in Utah (2010) gives the following definitions:

Probable cause -- a reasonable ground to suspect that a person has committed a particular crime or that a place contains specific items connected with a crime. Under the Fourth Amendment, probable cause -- which amounts to more than a bare suspicion but less than legal proof -- must be shown before an arrest warrant or search warrant may be issued.

Reasonable suspicion -- A carefully considered presumption, based on specific facts and circumstances, that a person is probably involved in criminal activity. Before an officer can act on this level of suspicion, he must have enough knowledge to lead any reasonably cautious person to conclude that a crime has been (or is about to be) committed by the suspect.

The 4th amendment dictates that all people are guaranteed against unreasonable searches or seizures of their person or personal effects. Still though a student has less of this right due to court's giving more leeway to schools in the name of student safety and well-being.

Is this an invasion of the student's privacy?

Student privacy or lack of privacy in school, how much privacy should the students have or need? "The main drawback to locker searches is the loss of privacy that students may feel. A locker is the only place in school that they can call their own. Many students decorate their lockers to reflect their own unique personalities," reports Davis, Kelsey, Langellier, Mapes, and Rosenthal (2003). Students have a rough enough time in school with peer pressure and now schools are taking away the last area where the student could maintain a sense of individualism.

The website, law.freeadvice.com (2010), under the topic, "Can a school official search a student's locker?," reports, "Courts will weigh a student's right to privacy against a school's need to obtain evidence of school rule violations and violations of the law. This "reasonable suspicion" standard has been upheld in challenges to locker, desk, and car searches." Reasonable search can be constituted if: teacher observes activity that is suspicious, parents call in, student tips, student has large amount of cash, or increased phone usage.