Question: My son?s school in Cobb County, GA suspected him of theft so they searched his backpack, locker, and car. Can they do that?
Answer: Yes they can. Although students still have rights while they are school, the standard is not as heightened as it would be if they were in some other setting. Campus police officers and campus resource officers who have a reasonable belief that a crime has been committed have the authority to search the student?s backpack, locker and car. In fact, Georgia case law supports such searches. An example is found in Young v. State 132 Ga App 790.
In?Young v. State,?an assistant principal of a public high school directed the defendant, a 17-year-old?student?at that school, to empty his pockets in the principal?s office. The defendant had less than an ounce of marijuana in his pocket, for which he was charged and convicted. While recognizing the rule as to private individuals, the Court of Appeals held that the school official was a government officer subject to the restraints of the Fourth Amendment and that the evidence should have been suppressed. The Supreme Court reversed,?taking the approach that a ?reasonable suspicion? standard was enough for such a?search?and that the standard of probable cause would not apply. The Court additionally held that an assistant high school principal is not a ?public officer? or ?law enforcement officer? so as to permit suppression, in prosecution of a?student, of marijuana found on the?student?s?person by an assistant principal conducting a personal?search?not without cause, but with less than probable cause for a police?search.?Young?was followed in?State v. Lamb,where a dormitory supervisor found marijuana plants growing in a dormitory room. This?search?was likewise upheld.*
Thus, searches of students, when there is probable cause to suspect a student of a crime, are allowed by Georgia law. Moreover, school authorities are able to search their car when it is parked on school property. The Campus officers also are allowed to question students and do not necessarily have to Mirandize them (read them their Miranda rights). The line is drawn at strip searches. In most cases the Campus officers are not allowed to strip search students.
Although the procedures are lessened when on school property, students still have the right to due process of the law and certain confessions that are made in school settings without Miranda warnings cannot be used in criminal proceedings without evidence that confirms their validity.
Any arrest or charge relating from an incident at school should be taken seriously. If your son or a child you know is facing criminal charges in Georgia arising from an incident at school or at a school sponsored event please give The Boddie Law Firm a call at (404) 287-2393 for a full legal consultation.
*From Westlaw
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