Can Your School Search Your Phone or Backpack?

Your entire life is on your phone: texts, photos, even your location. But what happens when a school officer demands to search it? Can they legally take it? Are you able to say no? In this post we will break down the laws behind School Searches, your Fourth Amendment rights, and real examples of situations you may just come across.

To start off, could your school take your phone or backpack to be searched, yes. But this can only be under some circumstances so let's explain all that would have to happen for a teacher or officer to take your belongings.

Fourth Amendment rights:

One of your key rights as a citizen of the United States is protection from unreasonable searches by a police officer. Situations you might see this is when an officer needs a warrant in order to get into your home and seize your things, or for an officer to pull you over on the road, they need to have probable cause that you are causing danger to yourself or others by breaking the law in some manner.

• For example, if a cop is driving and sees you swerve into another lane, they might have reasonable suspicion that you are driving under the influence. However, once they see you do that 2-3 times, they have probable cause that you are driving under the influence and can pull you over.

Do you have the same rights at school?

In a short answer, no. In 1985, the Supreme Court ruled in New Jersey v T.L.O that schools officials don't need the same probable cause a police officer does to search a student, only reasonable suspicion is necessary. The court decided this ruling because they believe schools have a unique job to keep students safe and maintain order, which they believe can only be done when they have more flexibility to act.

What Schools Officials Can Do

Your school officer can search your items, such as your phone or backpack, only if they have reasonable suspicion that you have broken a rule or a law. If they find something you shouldn't have access to, they will confiscate it (vapes, weapons, drugs, etc.). They also have the ability to hold said items temporarily for disciplinary or safety reasons.

• Ex: If your teacher saw that your eyes were bloodshot then they might not have the reasonable suspicion they need to search your items. However, if your speech was also slurred, or you were exhibiting other strange behavior, your teacher would have the reasonable suspicion necessary to search your bag for drugs.

What School Officials Can't Do

School officials can't take your stuff without any rhyme or reason. They are not allowed to go into your phone's contents (texts, photos, etc.) without a very strong reason, and in some cases not without your consent. They also cannot take and keep your stuff forever, especially if your item is legal and poses no danger. Your state laws may vary, so it's smart to look into your specific state's policies.

What About Your Phone?

Phones are treated more carefully than your backpack or other items because of how much private information they hold. School teachers can take your phone if you are using it against their classroom rules, but administration gives it back. In order to go through your phone's contents, the teacher or official would need very strong reasoning as to their purpose. The courts only want phones to be taken into account when there is a specific concern (bullying, threats, or a crime).

What Do I Do If They Violate My Rights?

The first thing to do is let a parent or trusted adult know so they can assist you. There are a few options that all involve a legal pursuit:

• File a complaint with the school or school district

• Talk to a civil rights lawyer

• Get the evidence thrown out if the search led to a worse punishment for you

It's important to understand the difference between what's allowed and what's not in order to protect your privacy. By understanding your rights and responsibilities, you can navigate the legal system with confidence and integrity.

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