Can A Teacher Search My Child At School?
This is a very interesting topic in the Fourth Amendment arena. The question here really concerns whether a juvenile has Fourth Amendment protection while at school. The Supreme Court of the United States has held that the Fourth Amendment does apply to teachers and school administration (for example, prinicipal). Thus, any search that is conducted by them must be supported by a strong suspicion or reason to believe that there is evidence that the student violated a rule or broke the law.
Thus, if little Johnny goes to school and sales marijuana to the other guys on the football team, he is opening himself up to a search by the school administration. There must be some credible information that Johnny is indeed committing the offense of
delivery of marijuana. Generally, one student finds this out and will turn on Johnny and tell a prinicipal or teacher. If this informant is reliable, then the principle can conduct a search of Johnny to see if he is selling drugs on school premises.
If you or a loved one have been charged with possession of a controlled substance
contact a
Plano drug crimes lawyer.