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Can I be searched without reasonable suspicion at school?
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I am a high school student in Alabama, around the Montgomery Area. Yesterday our school was informed that metal detectors had been placed in each hallway and that starting next week random classes would be pulled for a full search of all of that student’s belongings including backpacks, purses, or any others bags, and then that student would step through a metal detector. The searches would be conducted under the impression that maybe the administrators and security would find something, but couldn’t know for sure.

Anyways, here’s where things get interesting. I googled the Board of Education policy for my school district which on the topic of searches reads: “The principal or his designee of each school in the District may conduct reasonable inspection of students' desks, school lockers, articles carried upon their persons, and vehicles in order to properly investigate and address student misconduct. A. Searches shall be based on a reasonable suspicion of the presence of harmful or prohibited items, including, but not limited to, bombs, handguns, clubs, bludgeons or other dangerous weapons, contraband drugs, alcohol, tobacco, stink/smoke bombs, secreted noise makers and look-alike weapons.”

The school policy reads: “Teachers and school officials who have reasonable belief that a student is in possession of weapons, illegal drugs, stolen property, or other items which are harmful to the welfare of the student or to other students have the authority to search the person and/or possessions of the student. If permission is granted by the student, the student's person may be searched. Such searches, if conducted, will be made by persons of the same sex. Searches will be conducted in the principal's office under the supervision of the principal and in the presence of at least one additional witness who is a member of the school faculty or law enforcement upon the Principal's request. If the student refuses permission for search of his/her person, the student will be detained under surveillance until proper authorities are notified and summoned to the school. At the principal's discretion, the parents/guardians of the student may be included as proper authorities in conducting a search. School officials reserve the right to inspect school property, including lockers, to ensure the safety and security of the students and of the premises. Lockers remain the property of the school at all times. Although a student may exercise exclusive use of his/her locker in regard to access by fellow students, the use is not exclusive against school authorities. When there is a reasonable belief that a violation of school board policy has been committed, school officials may inspect lockers at any time to ensure school safety and student welfare. Lockers will be opened in the student's presence when administratively feasible. If the student is not present, he/she will be informed of the search. Items which are specifically prohibited by law, board policy, or school regulations may be impounded. School administrators will give the students a receipt for impounded items and will notify parents/guardians of impounded items. Impounded items will be returned to parents/guardians only.”

The way the policy reads the school would need to have reasonable suspicion to search a student. I don’t have intentions of bringing anything into school that I shouldn’t have, though if the school isn’t allowed to search myself or my stuff I’d rather them not. I won’t display my school district on here, but will dm it to you if you need the additional information. The big question is, if I were to be pulled next week could I deny the search on the grounds that neither policy permits it without reasonable suspicion? Thank you for your time.

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2 months ago