Hot Topics | Search & Seizure Policy in Schools

In September of 2023, at the WASDA Fall Conference, Kirk Strang presented on hot topics in Wisconsin school districts.

This five-part series dives into each of the following hot topics:

Part 1 focuses on search and seizure, specifically:

STANDARD SEARCHES

Searches by school officials.

Students are protected by the Fourth Amendment and have the right to be free from unreasonable searches and seizures while at school.

When public school officials conduct searches, they act as representatives of the state. Accordingly, they are accountable under the Fourth Amendment.
Standard.
1. Public school officials must meet the “reasonable suspicion” standard to conduct a search, and the search must be “narrowly tailored.”
  
  Note: School officials do not need “probable cause.” This is a law enforcement standard.
2. A search of a student by school officials must be reasonable in its inception and in its scope.
  
  A student search is justified in its inception when there are reasonable grounds for suspecting that the search will garner evidence that:
  1. the student has violated or is violating the law;
  2. the student has violated or is violating the rules of the school; or
  3. the student is in imminent danger on school premises.

PROHIBITED SEARCHES

Strip searches.

Strip searches are illegal in Wisconsin. Our legislature has made clear that it does not condone strip searches in our schools under any circumstances.
1. A school official who conducts a strip search of a pupil is guilty of a Class B misdemeanor. Wis. Stat. § 948.50.
2. Resist the temptation to ask for parental consent to conduct a strip search. If the search occurs on school grounds, and is conducted or directed by a school official, it is still illegal. Parental consent does not circumvent the statute.

This brings us to the end of Part 1 of this series. In Part 2, we’ll cover our next hot topic: student and employee use of technology.

Until then, here are some additional articles based on WASDA Conference presentations that may be of interest …

Search & Seizure