Should Schools Be Allowed To Search Essay

In 1984, fourteen year old T.L.O ( her full name was never disclosed due to her age ) was called down to the principal’s office after she was discovered smoking in the girl’s bathroom. T.L.O’s purse was searched and school administrators found cigarettes, one dollar bills, a small amount of marijuana, and other items. T.L.O had stated that she had not been smoking, however, her friend admitted to doing so. After being taken to the police station, T.L.O admitted to selling marijuana at school and smoking in the bathroom. It’s cases like this that emphasize why it’s so important to grant school administrators the right to search its students with reasonable suspicion and probable cause. The most common items that are searched through at schools are lockers, cell phones, bookbags, and the occasional body search. The Fourth Amendment of the United States Constitution states that, “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.” However, when a student is on school grounds, schools can use “reasonable suspicion” and aren’t required to present a warrant to search a student.
Savana’s mother sued the school district and took her case to district court. The district court determined that Savana’s Fourth Amendment rights had not been violated. Savana then took her case to the supreme court where it was concluded that Savana’s Fourth Amendment rights had been violated. The court voted 8-1, in favor of Savana. However, the court also stated that the school administrators were entitled to qualified immunity. This was because at the time of the search, Savana’s unconstitutionality was not expressed. It's cases like Savana’s that show the ugly side of school searches if not properly executed. However, if properly done, school searches can be a positive impact on a school and its