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When is it Illegal to Search a Student?

By Ron Chapman

          In the case of New Jersey v. T.L.O., the United States Supreme Court stated that "[u]nder ordinary circumstances, a search of a student by a school or other school official [is permitted] when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school."  However, in the case of A.H. v. State of Florida, the Fifth District Court of Appeal stated that the prosecution is still "required to elicit specific and articulable facts which, when taken together with rational inferences from those facts, reasonably warrant the intrusion."  If the prosecution cannot present such facts, then the evidence should be suppressed...continue to full post

Full post as published by Palm Beach Criminal Defense Blog on June 07, 2009 (boomark / email).