MBE Rules · Criminal Procedure

School search — reasonableness standard

T.L.O. / Safford

The rule

A public-school official may search a student without a warrant or probable cause if the search is (1) justified at its inception by reasonable grounds to suspect a violation of law or school rules, AND (2) reasonably related in scope to the circumstances and not excessively intrusive in light of the student's age, sex, and the nature of the infraction. Strip searches require a higher showing (Safford).

In plain English

School officials operate under a relaxed Fourth Amendment standard, but the more intrusive the search the more suspicion required.

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