Sheffron Law Firm, P.A. 

Students have a right to be free from unreasonable searches of their persons and seizures of their belongings.

March 16, 2015

It has recently come to my attention, certain teachers and administrators within the public school system in Polk County, NC, may be unlawfully seizing wireless phones from students. The devices are subsequently being searched for pictures, text messages, internet history, etc. To my knowledge, none of the seizures nor searches have been conducted pursuant to court orders.

Commentary by Scott H. Sheffron, managing partner

Under North Carolina law, school officials (e.g., teachers and principals) and school resource officers (i.e., law enforcement officers assigned full-time to schools) may only search a student or a student's belongings if they have “reasonable suspicion” to believe that the student has something illegal or something that is not allowed at school. Reasonable suspicion MUST be based on specific, individualized facts that there is a "moderate chance" the student has something illegal or unauthorized. It may not be based on a guess, hunch, or generalized suspicion. School officials can search lockers, school computers, and other school property for any reason (i.e., they do not need reasonable suspicion

Although the high court did not specifically discuss students or public schools,  in 2014, the U.S. Supreme Court unanimously ruled that police must obtain a warrant before searching the contents of a cell phone seized from someone who has been arrested, absent consent or a true emergency situation.

Students have a right to say "NO" to school officials and law enforcement officers who ask for consent (permission) to conduct a search of the student or the student's belongings.  If the student reasonable fears repercussions unless he/she consents, then the consent is not valid.  If a student says "no," the search MUST not happen unless there is reasonable suspicion or probable cause for the search. Scope Searches of students MUST be reasonable in scope. In other words, school officials MUST conduct searches in a reasonable manner. This means that the way the search is conducted MUST be related to the objectives of the search.

The judicial branch of government has the authority and the duty to protect students' legal rights. Students and parents/guardians can file petitions for judicial review in their local superior court or in the federal court, depending on the case.

Speak with your children. Ask them what is going on in their school and advise them of their rights. Stand up for your child and teach them to stand up for themself. If you believe your child's rights have been violated, contact an attorney, file a complaint with the school board, or openly discuss the matter at the next PTO meeting.