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Fourth Amendment Rights and Searches at School: Frequently Asked Questions

By E.A. Gjelten, Author and Editor
When can a teacher or principal search a student’s phone, locker, or backpack? Can a school force you to take a drug test or conduct a strip search? Look below for answers to common questions about privacy rights at school.

Thanks to the continuing popularity of police procedural TV shows, many young people know that the Fourth Amendment of the U.S. Constitution protects them from unreasonable searches by police. So students often assume they have the same rights when teachers or principals want to take drug tests, do pat-down searches, or look through kids' backpacks, phones, or lockers. It’s true that the Fourth Amendment applies in the context of public schools, but students’ privacy rights are more limited than if they were adults dealing with law enforcement.

Follow the links below for more information about how search-and-seizure law works at school.

When can schools search students and their belongings? Schools have more leeway than police when searching students’ pockets, backpacks, lockers, and other belongings, but there are limits.

What is "reasonable suspicion" for searching students at school? Before school officials can search students or their belongings, they must have a “reasonable suspicion” that the students have broken the law or school rules, and that the search will turn up evidence of that wrongdoing. But what exactly is reasonable?

How do search-and-seizure rules apply to students’ phones and other electronic devices? Teachers can temporarily confiscate cell phones when students violate rules about using them in class. But that doesn’t necessarily mean school officials can look at the contents of the devices.

Can my school force me to take a drug test? Schools may generally require drug tests for some students, like those participating in school sports or other extracurricular activities. But some states have stronger protections against random drug testing.

When can a school strip search or pat down students? Compared to other kinds of searches, schools must meet stricter standards before they may strip search students or conduct intrusive, random pat downs.

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