VOL. XV, NO. 4
NOVEMBER 30, 1973
Legal News
Q. Is it legal for a teacher to look into a girl's purse for cigarettes, as long as they are just sitting there and the girl is not doing anything with them?
‑Bremen U.S.
A. No. The Constitution protects all citizens, including minors, from unreasonable search and seizure. A search like this violates that right, as well as the girl's right of privacy.
Under the law, a search is only reasonable if the searcher, teacher, policeman, or what-have-you has some valid reason to suspect that illegal articles are being concealed. A teacher can search you for a gun, or for grass, and maybe even for cigarettes - if the teacher has reasonable cause to think you are carrying such things. "Reasonable cause" might mean the testimony of another student that you were smoking. for example. But you cannot be searched on a teacher's whim, or because you look suspicious, or because you are a "troublemaker," or because the school has a policy of searching people at random to keep everyone up tight. Such searches are called "fishing expeditions." They are illegal. If a policeman went fishing and found pot, he'd be thrown out of court. Similarly, if a teacher goes fishing and finds cigarettes, this evidence is illegally obtained, and cannot be used to convict you of rule-breaking. If your rights in this regard are violated, see an attorney and sue.
‑Bremen U.S.
A. No. The Constitution protects all citizens, including minors, from unreasonable search and seizure. A search like this violates that right, as well as the girl's right of privacy.
Under the law, a search is only reasonable if the searcher, teacher, policeman, or what-have-you has some valid reason to suspect that illegal articles are being concealed. A teacher can search you for a gun, or for grass, and maybe even for cigarettes - if the teacher has reasonable cause to think you are carrying such things. "Reasonable cause" might mean the testimony of another student that you were smoking. for example. But you cannot be searched on a teacher's whim, or because you look suspicious, or because you are a "troublemaker," or because the school has a policy of searching people at random to keep everyone up tight. Such searches are called "fishing expeditions." They are illegal. If a policeman went fishing and found pot, he'd be thrown out of court. Similarly, if a teacher goes fishing and finds cigarettes, this evidence is illegally obtained, and cannot be used to convict you of rule-breaking. If your rights in this regard are violated, see an attorney and sue.