Can a school search a child’s coat pockets inside their locker using the excuse that they were looking for a missing yearbook?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can a school search a child’s coat pockets inside their locker using the excuse that they were looking for a missing yearbook?
The principle said they searched lockers for a missing yearbook from my son’s class. He said they were going through lockers and when they got to my son’s they found a firecracker in his coat, so they suspended him. Mom not sure if a missing yearbook is reason enough to search a locker and why they would search a coat placket for one is beyond me? A yearbook cannot possibly fit in a coat pocket?
Asked on January 27, 2012 under Criminal Law, New York
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Under every state's education code as well as other laws, a minor who is attending a school has no justifiable expection of privacy with respect to his or her locker with respect to school personnel. Meaning, school personnel can for whatever reason search every locker at a given school without giving a reason.
The child does not own the locker at a school. The school district does. Given this distinction, the child has no expectation of privacy as to what is in his or her locker.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.