K-12 Student Search and Seizure

Learn how to search students legally. Balance your safety obligations with Fourth Amendment rights.

The recent shooting of teacher Abigail Zwerner by a first-grade student has prompted K–12 school officials to want to understand their rights to search students and seize weapons. Other searches may target cell phones used for cheating, drugs, or stolen property.

Before digging into backpacks, flinging open lockers, rummaging through vehicle trunks, and asking students to empty their pockets, you need to understand and carefully consider the Fourth Amendment to the United States Constitution. Schools must adhere to the law while preserving safety and maintaining an environment conducive to learning.

• When may you search students and their personal property?
• May you seize dangerous or distracting items?
• Does your duty to maintain safety outweigh students’ rights?
• What laws apply to school security? What policies should you adopt?
• What guidance have agencies and associations provided?
• How do searches by school officials differ from searches by law enforcement?

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