Can a Student be Searched if the Student and Parent Did Not Sign the Student Handbook
A public school has a student handbook with a code of conduct, and descriptions of what can happen if students violate the rules. Students are supposed to take the handbook home and review it with a parent, then return to school with signatures from both the parent and child indicating that they have read the rules and understand the consequences of breaking the rules. The student and parent did not sign or return the handbook.
The student was later searched and found to be in possession of marijuana. The police were called, and the student has to go to court on the drug charge. Is it legal for the school to search the student without the signatures on the student handbook, and can the drugs be admitted into court as evidence?
Re: Can a Student be Searched if the Student and Parent Did Not Sign the Student Hand
The student handbook may grant authority for searches beyond what are otherwise allowed under law, but do not otherwise restrict searches. If the school had a reasonable basis to conduct the search, the handbook is irrelevant. Schools have relatively broad authority to perform searches in order to ensure student safety.
The student and his parent can discuss the situation in detail with a criminal defense lawyer, but they should not be surprised if the lawyer concludes that the drugs are going to be admissible in court.