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School Locker Search

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This is Robert Scirocco bringing you today's Law Bit.

Do school officials have the right to snoop around in a students’ locker, handbag, luggage or car if they believe that a search would reveal the possession of illegal drugs or other contraband?

The latest case to come down dealt with a student obviously reeling from the effects of an illegal drug. This student admitted to the nurse that he bought some illegal prescription pills from another student.

That student was then questioned and searched by the vice principal. Nothing was found on this suspected teenage drug dealer. His locker was then searched. Nothing there either. The vice principal then went to the student’s car which was parked on school property. That’s where the stash of drugs was found.

Through his lawyer, the drug dealing student in court challenged the right of school officials to search through his private property without a warrant. The Court ruled that as long as the school official had reasonable suspicion – some basis to suspect illegal activity – he doesn’t need a warrant and that there is no expectation of privacy.

During the school day, the court reasoned, school officials stand in place of parents.

This is Robert Scirocco, Attorney at Law, Budd Lake, New Jersey, bringing you today's Law Bit.

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