School searches may result in criminal charges when they uncover evidence of a crime. However, in New Jersey, the admissibility of that evidence depends on a few things, such as who conducts the search. Regardless of the situation, they are serious matters, and if your student is subject to one at their New Jersey school, call the Lento Law Firm at 888-535-3686 or fill out our consultation form now.

School Searches Under Federal and State Law

Under the Fourth Amendment to the U.S. Constitution, individuals (including students) have protection against unlawful searches and seizures. However, courts recognize that the circumstances under which schools conduct searches differ from those carried out by law enforcement.

The 1985 Supreme Court case, New Jersey v T.L.O., created a more lenient standard for school officials to search student property. Before the case, school officials—teachers, principals, and other administrators—needed “probable cause” like police do to search students. However, the Court decreed that schools only need to have “reasonable suspicion” to do so.

Critically, a search meets the Fourth Amendment standard of reasonable search if:

• The search is properly initiated: School officials must have “reasonable grounds” for suspecting that the search will reveal evidence that the student has violated school rules or local laws.
• The search is permitted in scope: The act is reasonably related to the search objectives and may not be “excessively intrusive” in light of the student's age, sex, gender, and the nature of the infraction.

New Jersey law also tracks federal law. The New Jersey State Constitution protects against “unreasonable searches and seizures,” which are not warranted unless probable cause is established, which translates to reasonable suspicion on school grounds.

Types of School Searches and Factors That Impact the Evidence Admissibility

In New Jersey, the admissibility of evidence obtained in a school search depends on who conducted it. Below are a few examples of what happens when various parties conduct searches and what is held against a student when criminal charges arise.

• Searches by School Officials: If a teacher, principal, or other school authority has reasonable suspicion and conducts a search that is not excessively intrusive, any evidence produced is admissible in court.
• Searches by Law Enforcement: If police or a School Resource Officer (SRO) are present, even if only in an advisory capacity, the admissibility standard increases to probable cause unless exigent circumstances are present.
• Collaborative Searches: When school officials act with law enforcement in performing a search, a New Jersey court will look to determine whether the school acted autonomously or as a function of law enforcement. If performing a search at the request of, or in cooperation with, law enforcement, the probable cause standard is typically prescribed.

In a situation where a teacher is tipped off that a student has drugs in their locker, and they conduct a search and find drugs, the evidence is admissible for later charges under the guise that it was conducted under reasonable suspicion. However, if an SRO receives the same tip and conducts a search without establishing probable cause, any evidence uncovered is inadmissible due to a Fourth Amendment violation. The same is true if police direct a principal to conduct a search without reaching probable cause to do so.

How Can the Lento Law Firm Help?

Our team of attorneys understands that school authorities, SROs, and other law enforcement personnel may infringe upon a student's rights when uncovering evidence of alleged crimes and rule violations. But students don't leave their rights at home when they attend New Jersey schools and deserve every opportunity to a strong defense.

If your student faces a school search, the Lento Law Firm is a valuable resource to explain how the particulars of their case can affect the outcome, including whether evidence is admissible or not. Moreover, we will uphold their rights throughout every step, from school grievance procedures to criminal charges in the courtroom. To learn more, call the Lento Law Firm at 888-535-3686 or fill out our consultation form now.