Do Your Rights Change On School Grounds?

Constitutional Protections Decrease in the School Context

Many of us first learn about the U.S. Constitution and Bill of Rights in school. But it might surprise you to learn that the Bill of Rights is not as strong within school walls, or even on school property, as it is at home or on Main Street (in public). 

The Fourth Amendment prohibits unreasonable searches and seizures of individuals and their property by the police and requires, in most cases, law enforcement to get a search warrant.  

But over the years, courts have carved out several exceptions to the warrant requirement. One of them applies to students while they are at school and adults that visit school grounds. 

Students and the Fourth Amendment 

In the landmark case called New Jersey v. T.L.O., the U.S. Supreme Court ruled that officials at a public high school represent the government, and thus searches of a student’s locker, backpack, vehicle and so on are covered by the Fourth Amendment. However, the Court said “the school setting requires some easing of the restrictions” that the Amendment imposes. 

Specifically, the Court threw out the search warrant requirement and the need for probable cause to conduct a search when the suspect is a student at school and the searchers are school officials. Instead, all the school must show is that it had “reasonable grounds” to believe the search would turn up evidence of a crime or violation of school rules. 

Adults give up rights, too 

It isn’t only minors who lose constitutional rights when they enter school grounds.  

The Second Amendment states that “the right of the people to keep and bear Arms, shall not be infringed.” However, it has been established that a school’s prohibition against guns trumps this right, even if you have a license to carry. 

For example, you attend your child’s football game on a Friday night, and you store a gun in your car, as you usually do. However, since you are on school grounds, you could potentially face criminal charges. It is generally prohibited to possess a firearm on school grounds in Pennsylvania. 

Fighting for your rights after an arrest 

Schools are granted greater leeway in conducting searches of students and their belongings. It’s important for students, parents, and staff to understand the nuances of these rights and how they may be applied in a school setting. 

Getting arrested on school grounds, whether student or adult, does not have to mean the end of your prospects. Seeking assistance from an experienced legal professional should be a top priority so that you can review your options and mount a defense to any charges filed against you as soon as possible.  

The information provided on this page is for informational purposes only and does not constitute legal advice nor does it create an attorney-client relationship.