Search of a Student, his Locker, Bag or Car at School
A parent can understandably experience severe alarm to learn that their child was subjected to a search by a teacher, principal, or DAR officer. The concern only escalates when the encounter is what is commonly referred to as a strip search. Irrespective of the type of search by a school official that your loved one has undergone, he or she has constitutional rights that our attorneys will absolutely protect. And it is extremely important that you speak to a lawyer before you or your child potentially compromise their defense.
Lawyers from our firm, the Pagliara Law Group are available for a free initial consultation anytime 24/7.
School Strip Search
While logic might imply that a strip search by a school official such as a principal or teacher would be illegal, this is not the case. However, a strip search may only be undertaken where there exists “hard evidence” to support recovery of drugs or weapons from the person of the student. Unless this heightened standard is fulfilled a search of a student’s “body” will not be valid nor will the evidence seized be of use in a criminal prosecution.
Search of Student Handbag, Backpack, or Locker
The possessions of a student which are located on school property may be searched, including a desk, book bag or locker, and probable cause need not be present. The law merely requires that the action of the school official be justified and reasonable in scope under the circumstances.
Car, Truck or Other Vehicle on School Property
Searches of vehicles parked on school property are routinely conducted by DAR Officers and school officials. Broad authority is granted for this action in accordance with the New Jersey Supreme Court decision in State v. Best. All that must be established is a “reasonable ground” to support the search.
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