Know Your Rights: Searches of Students

Yes. You always have the right to refuse the search, and it should be obvious that you are looking for your objection. However, you should not use physical resistance to stop the search.

Yes, but only in certain circumstances. First of all, your school needs to find "proof of reasonable doubt", evidence that you are in violation of school rules and laws. Secondly, depending on the content of the search and the age, the method of searching for schools should be "rational".

Unfortunately, there is no exact definition. But reasonable doubts should be based on you or facts specific to your situation. It can not be based on rumors, prophecies, curiosity. For example, a teacher can not demand a strange and enlarged bag based on the appearance of the bag.

Yes. However, these random searches must be based on the needs of specific schools, such as ensuring school safety, and must also be truly random. Random searches can not be used for individual students.

Sometimes. If your locker is considered private property, your school can not find your locker unless it "reasonably doubts" that it may find violations of laws or school rules. But if your locker is considered a property of the school however you can search your locker. Your school must inform you that your locker is a school property like a signature posted on student handbooks and campuses.

Yes, but there are restrictions. Your school may be looking for drugs on campus using dogs. However, there are "reasonable doubts" to search for these items. If someone at your school lets you leave the classroom and poisons to search for a dog, you should try to bring your own.

Yes, as long as the students searched are randomly selected. For example, your school can install a metal detector on the front door so that all students can pass. But if your school wants you to look only for metal detectors, it must be "reasonably suspect" that it will find something in violation of laws and school rules.

Usually it is not. Your school can conduct random drug tests only for students participating in extracurricular activities. In other cases, your school can not force you to take drug tests.

At a minimum, the police must have "reasonable doubts" to search you. And in some cases, they even need even more

No If school officials or police officers are illegally searching for you, they can not use the content you found in court. But your school can use evidence of illegal search in school disciplinary proceedings.

(3) Search for the rights of students and minors. In order to enforce the provisions of this section, the school district officials have the right to search for all students or minors reasonably considered violating the provisions of this Article, including belongings and lockers or applicable schools . Rule or regional policy (5) Punishment A person who has been convicted of breaching the provisions of this Article may be sentenced to imprisonment for a term of not more than one year or may be fined up to a thousand dollars There is.

The Canadian rights and freedom charter (Article 8) states that "Everyone has the right to unjust search or seizure." In 1986, the Ontario State Court of Appeal stated that the principal could search for students about their obligations in maintaining school order and discipline. This judgment is aimed at students searching for cases after students receive reports about drug use. The student was invited to start a search in his office. Tin foil containing marijuana was found in student pants. It has also been pointed out that the search can not be arbitrary - the search must have rational grounds. The same can be said about backpacks and wallets. If the crime is obvious, please contact the police immediately.

The court clarified the criteria for student search. If there are two conditions, reasonable doubt is fulfilled. (1) Search is reasonable at first. In other words, there is a reasonable basis to doubt that search will reveal evidence that students are breaching or violating laws or school rules. The search relates to a reasonable search within a reasonable range. In other words, the measurement used for the search is reasonably related to the search subject, it is based on the age of the student, the search does not hinder the nature and nature of the attack.