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In a case calledNew Jersey v. So, while there is no definitive answer to the question of whether or not a teacher can search a students backpack, it is important to consider the reasons behind the search before making a decision. Having school locker searches will not only allow the school to be safer, but the state too. Can Teachers Legally Search Student Backpacks? It is acceptable for lockers to be borrowed by the student, but backpacks purchased and owned by the student should be considered personal property as well. Miller v. Wilkes, 172 F.3d 574 (8th Cir. 4min read. Police must provide probable cause to a judge to search a person's home or personal belongings. 2d 919 (N.D. Texas 2001). If students don't feel they have a safe space at school, they have a lessened tendency to work hard, go to class, or even enter the building. There are schools in Los Angeles where some students carry weapons with them every day as a way to feel save while they are walking to or from classes. There is no case on which the Fourth or North Carolina courts have relied. They use metal-detector wands and random backpack searches in addition to locker reviews. Schools have a duty to monitor the lockers that students temporarily occupy, especially if something dangerous or illegal is being kept in the locker. Yes, lockers are school property. A student's right to free speech, press, . Can Teachers Legally Search Student Backpacks? - GoGreenva.org So if you have drugs, drug paraphernalia, or really anything embarrassing that you dont want your school principal to see, like zit cream or condoms, do NOT keep it in your locker. Reasons School Should Not Be Allowed to Search Backpacks & Lockers The Los Angeles Unified School District is the largest in the world that requires every middle- and high-school campus to conduct daily random searches for weapons. In the real world (that is, outside of your school), law enforcement absolutely needs a warrant to search anyones personal belongings. Locker searches provide students with more confidence in their safety. School searches are only justified according to the Supreme Court, "when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of school.". So delete those things from your school-owned technology and make sure everything youre using school-owned technology for is G rated. 6. Students have a privacy right in their personal belongings, such as backpacks, and school officials must have reasonable suspicion before searching a students items. Observers note that these demographics typically have more Caucasian students than other classes, so kids who are part of a racial or ethnic minority are usually targeted more often for a search. In fact, most courts conclude that such detection is not a search because the dogs merely sniff the air around the property and that students do not have an expectation of privacy in the air around their belongings. Does schools have to search my stuff?