The United States Constitution is universal. One would be right to assume that the articles and amendments that make up the Constitution are equally as universal. However, much of life is not black and white, especially the law. The Fourth Amendment grants freedom from unreasonable searches and seizures. A poll of Troy High School students showed that 61% of respondents said that they thought they could refuse a search by a teacher. But it is not that clear cut in school. What are your rights really?
According to the Fourth Amendment, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause.” Essentially, a student may not be searched unless probable cause is found or a warrant is issued. However, this is not necessarily the case in schools.
According to school resource officer Brian Jones, “Probable cause is a higher burden of proof, where I must prove that a crime has or is about to be committed in order to search someone or something.” This differs from the standard used in schools, reasonable suspicion. Reasonable suspicion, according to Jones is, “the suspicion that crime would be afoot without proof, necessarily.”
Chris Rich, a former family and juvenile law attorney, weighed in on the ability of teachers to search students under such conditions: “It is true that the standard of proof is lowered to reasonable suspicion in schools.” However, students still have certain reservations at school. “They cannot necessarily go rifling through your bags, but a basic pat down can be satisfied with a lower burden of proof.”
In terms of the actual protocol for searches at school, Vice Principal Dan House explains, “If we got a report from a teacher, [the student] would be taken down to the office and given a quick pat down. Males search males and females search females.” In addition, students are not necessarily given the right to an attorney before or during the search. “We need to act expeditiously, so parents or lawyers may not be contacted prior to a search.”
Searches will often be accompanied by questioning from administration. According to Rich, “Of course, Miranda can apply, but it’s such a grey area.”
Here, Rich refers to Miranda v. Arizona, 384 U.S. 436, which held that, “Unless adequate preventive measures are taken to dispel the compulsion inherent in custodial surroundings, no statement obtained from the defendant can truly be the product of his free choice.” Essentially, a person must be warned against self-incrimination before questioning, and a person must voluntarily waive their Fifth Amendment right, which is still applicable in schools, though it may be up to the interpretation of a court.
“The law is complicated, that’s why we have courts,” according to Rich. “People, often unfamiliar with the law, like to think of it as black and white when really it isn’t. Tread carefully.”
Poll conducted via social media and in person with 20 respondents.
This article does not constitute legal advice. No warranty whatsoever is made that any of the above information is legally accurate and does not substitute the advice of a legal professional. For legal assistance, contact the State Bar of Michigan or visit https://michiganlegalhelp.org
