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School Officials only need Reasonable Suspicion to Search a Student

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by: Kbevins • June 19, 2010 • no comments

One of Two new Oregon Supreme Court cases released today:

So long as school officials have a reasonable suspicion based on specific and articulable facts, they may search a student for illegal drugs without a warrant under Article I, section 9 of the Oregon Constitution. The search is only permissible if it occurs on school grounds, by school officials, acting in their official capacity in response to a present threat to student safety and is not unreasonably intrusive. Here, a student's tip that the youth was selling illegal drugs was enough for reasonable suspicion. State ex rel Juv. Dept. v. M. A. D.