法律英语：110 Reading, Writing, Frisking

Hello, and welcome to Legal Lad’s Quick and Dirty Tips for a More Lawful¹ Life. I’m your host, Adam Freedman.

But first, your daily dose of legalese: This podcast does not create an attorney-client relationship with any listener. In other words, although I am a lawyer, I’m not your lawyer. In fact, we barely know each other. If you need personalized legal advice, contact an attorney in your community.

Today’s episode: Searching Students at School

I’ve recently received two email messages from mothers concerned that their local schools are violating their children’s right to privacy.

Pam from Minnesota writes:

“I am wondering if a public school in Minnesota has the right to search a personal camera card without permission and then use the photos to discipline students.”

Meanwhile, Karen from Oklahoma City writes that her son:

“was suspended for 5 days and given a disorderly conduct ticket because he refused to submit to a search in the middle of the school cafeteria. . . . My son told [the assistant principal] he could search him but in a private area (not in front of everyone in the cafeteria).. . .   I feel my son’s Fourth Amendment² rights were violated and I intend to fight this.”

That’s the spirit, Karen!   Seriously, these are great questions from both Pam and Karen. The short answer is that students are covered by the Constitutional right against unreasonable³ searches; however, court decisions over the last 20 years have given schools great latitude⁴ to conduct searches. But this area of the law is still evolving; and in a minute, I’ll discuss a recent case that might significantly strengthen students’ rights.

The Fourth Amendment to the Constitution protects the people against “unreasonable searches and seizures” conducted by representatives of the state including, of course, the police.

Student Searches Need Not Be “Warranted”

In the landmark⁵ 1985 case of New Jersey⁶ vs. TLO, the Supreme⁷ Court held that the Fourth Amendment applies to searches conducted on school grounds. However, the Court also held that schools are not required to get a warrant to search a student. The Court reasoned that schools need “swift and informal disciplinary procedures” in order to ensure a safe environment that is conducive⁸ to learning. The Court held that the school’s need for quick discipline would be frustrated⁹ if a teacher had to get a warrant every time a student needed to be searched.

Reasonable Suspicion Will Do

The TLO Court also decided¹⁰ that school officials do not have to meet the usual standard of “probable cause” that is required when the state searches an adult. Rather, schools can search students based on a lower threshold, sometimes referred to “reasonable grounds” or “reasonable suspicion.”

In a 1995 case called Vernonia School District v. Acton, the Supreme Court held that even the “reasonable suspicion” need not be an “individualized suspicion” in order to justify¹¹ a search. In other words, a school can search students for things like drugs or weapons even if they don’t have don’t have reason to suspect any particular student has drugs or weapons. They just have to have a reasonable belief that some student might be sneaking¹² such contraband¹³ into school. The Vernonia case upheld the legality of school rules requiring mandatory¹⁴ urine tests for school athletes, so that the schools can look for things like drugs, steroids, and, of course, beer.

A particular school search will be deemed “reasonable,” according to the Supreme Court, if “the measures adopted are reasonably related to the objectives of the search and not excessively intrusive¹⁵ in light of the age and sex of the student and nature of the infraction¹⁶."   But how to determine whether a search is “excessively intrusive?” Well, it depends on whether the student had a “reasonable expectation of privacy.”

The Winds of Change?

If that was the end of the story, I’d say that Pam and Karen face an uphill battle against their children’s schools because courts have generally held that students have very little expectation of privacy when they enter the schoolhouse. Therefore, school searches are rarely found to be excessively intrusive so long as they are reasonably related to the school’s need to maintain discipline.

However, in July 2008, the Federal Court of Appeals for the Ninth Circuit caused a sensation (or, at least, what passes for a sensation in legal circles) by holding that the Safford School District of Arizona had violated the Fourth Amendment by ordering a strip search of a 13-year-old girl -- even though the school had reason to suspect that that student was distributing prescription¹⁷ medications to other students.

And now the Safford case is going up to the Supreme Court – as I write this, the case has yet to be decided. If the Supreme Court upholds the lower court’s decision, schools may be required to meet the more stringent¹⁸ “probable cause” standard for student searches. And in some cases, students would even be able to sue school administrators¹⁹ for money damages – and that certainly will make schools think twice before the old stop-and-frisk. Pam and Karen: stay tuned²⁰!

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful Life.

You can send questions and comments to.........or call them in to the voicemail line at 206-202-4LAW.  Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

 

1 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

2 amendment   

n.改正，修正，改善，修正案

参考例句：

• The amendment was rejected by 207 voters to 143.这项修正案以207票对143票被否决。
• The Opposition has tabled an amendment to the bill.反对党已经就该议案提交了一项修正条款。

3 unreasonable   

adj.不讲道理的，不合情理的，过度的

参考例句：

• I know that they made the most unreasonable demands on you.我知道他们对你提出了最不合理的要求。
• They spend an unreasonable amount of money on clothes.他们花在衣服上的钱太多了。

4 latitude   

n.纬度，行动或言论的自由(范围)，(pl.)地区

参考例句：

• The latitude of the island is 20 degrees south.该岛的纬度是南纬20度。
• The two cities are at approximately the same latitude.这两个城市差不多位于同一纬度上。

5 landmark   

n.陆标，划时代的事，地界标

参考例句：

• The Russian Revolution represents a landmark in world history.俄国革命是世界历史上的一个里程碑。
• The tower was once a landmark for ships.这座塔曾是船只的陆标。

6 jersey   

n.运动衫

参考例句：

• He wears a cotton jersey when he plays football.他穿运动衫踢足球。
• They were dressed alike in blue jersey and knickers.他们穿着一致，都是蓝色的运动衫和灯笼短裤。

7 supreme   

adj.极度的，最重要的；至高的，最高的

参考例句：

• It was the supreme moment in his life.那是他一生中最重要的时刻。
• He handed up the indictment to the supreme court.他把起诉书送交最高法院。

8 conducive   

adj.有益的，有助的

参考例句：

• This is a more conducive atmosphere for studying.这样的氛围更有利于学习。
• Exercise is conducive to good health.体育锻炼有助于增强体质。

9 frustrated   

adj.挫败的，失意的，泄气的v.使不成功( frustrate的过去式和过去分词 )；挫败；使受挫折；令人沮丧

参考例句：

• It's very easy to get frustrated in this job. 这个工作很容易令人懊恼。
• The bad weather frustrated all our hopes of going out. 恶劣的天气破坏了我们出行的愿望。 来自《简明英汉词典》

10 decided   

adj.决定了的，坚决的；明显的，明确的

参考例句：

• This gave them a decided advantage over their opponents.这使他们比对手具有明显的优势。
• There is a decided difference between British and Chinese way of greeting.英国人和中国人打招呼的方式有很明显的区别。

11 justify   

vt.证明…正当(或有理)，为…辩护

参考例句：

• He tried to justify his absence with lame excuses.他想用站不住脚的借口为自己的缺席辩解。
• Can you justify your rude behavior to me?你能向我证明你的粗野行为是有道理的吗？

12 sneaking   

a.秘密的，不公开的

参考例句：

• She had always had a sneaking affection for him. 以前她一直暗暗倾心于他。
• She ducked the interviewers by sneaking out the back door. 她从后门偷偷溜走，躲开采访者。

13 contraband   

n.违禁品，走私品

参考例句：

• Most of the city markets were flooded with contraband goods.大多数的城市市场上都充斥着走私货。
• The customs officers rummaged the ship suspected to have contraband goods.海关人员仔细搜查了一艘有走私嫌疑的海轮。

14 mandatory   

adj.命令的；强制的；义务的；n.受托者

参考例句：

• It's mandatory to pay taxes.缴税是义务性的。
• There is no mandatory paid annual leave in the U.S.美国没有强制带薪年假。

15 intrusive   

adj.打搅的；侵扰的

参考例句：

• The cameras were not an intrusive presence.那些摄像机的存在并不令人反感。
• Staffs are courteous but never intrusive.员工谦恭有礼却从不让人感到唐突。

16 infraction   

n.违反；违法

参考例句：

• He was criticized for his infraction of the discipline.他因违反纪律而受到了批评。
• Parking at the bus stop is illegal,Motorists committing this infraction are heavily fined.在公交站停车是违法的，触犯此条的司机将受重罚。

17 prescription   

n.处方，开药；指示，规定

参考例句：

• The physician made a prescription against sea- sickness for him.医生给他开了个治晕船的药方。
• The drug is available on prescription only.这种药只能凭处方购买。

18 stringent   

adj.严厉的；令人信服的；银根紧的

参考例句：

• Financiers are calling for a relaxation of these stringent measures.金融家呼吁对这些严厉的措施予以放宽。
• Some of the conditions in the contract are too stringent.合同中有几项条件太苛刻。

19 administrators   

n.管理者( administrator的名词复数 )；有管理（或行政）才能的人；（由遗嘱检验法庭指定的）遗产管理人；奉派暂管主教教区的牧师

参考例句：

• He had administrators under him but took the crucial decisions himself. 他手下有管理人员，但重要的决策仍由他自己来做。 来自辞典例句
• Administrators have their own methods of social intercourse. 办行政的人有他们的社交方式。 来自汉英文学 - 围城

20 tuned   

adj.调谐的，已调谐的v.调音( tune的过去式和过去分词 )；调整；（给收音机、电视等）调谐；使协调

参考例句：

• The resort is tuned in to the tastes of young and old alike. 这个度假胜地适合各种口味，老少皆宜。
• The instruments should be tuned up before each performance. 每次演出开始前都应将乐器调好音。 来自《简明英汉词典》