Do police officers have the same right to search us that school officials have?No. The police cannot enforce school rules, they can only investigate crimes and make arrests. Unless there is reason to believe that a you are armed and dangerous, or if you are being arrested or consent to be searched, the police usually need a warrant and probable cause to search you at school or on the street. Probable cause has to be more than a reasonable suspicion. It means that the police must have solid grounds for believing that you have committed a crime, or that the place they want to search contains contraband or other specific items connected with a crime. So if the cops want to search you, do not consent. If they say they have a warrant, they must show it to you. The warrant has to have your name or an accurate description of you on it. It has to state what evidence the cops are looking for and where they think they’re going to find it. But even if you don’t think police have sufficient reason to do the search and you’ve objected, don’t resist if they insist on searching anyway. What about school security guards or other school police? School security guards and other school police are considered school officials, so they only need reasonable suspicion to search you. They have authority anywhere on school grounds and the school bus. But it probably doesn’t extend to property next to school grounds. A Pennsylvania court said that school police weren’t allowed to search a student’s car parked near the school, even though they saw a shotgun partially concealed in the back of the car. Last week, the city police tipped off my school principal that they believed this student might be carrying a gun at school. Two police officers came to school but just watched while the vice-principal searched the student. Since the police were involved, didn’t they need a warrant and probable cause before the vice-principal searched him? When the police play a small role in a search by school officials, a reasonable suspicion is all that is needed. If the city police didn’t direct the search or have the school do the search for them, then your vice-principal only needed reasonable suspicion to search the student. Can police officers ever search without a warrant? Yes, in situations where it seems likely that someone will be hurt or evidence will be destroyed if they wait for a warrant. They can also search you without a warrant, and the areas within your immediate reach, at the time of your arrest. And police can search you anytime, even without reasonable suspicion or probable cause, if you consent to the search. A police officer does not need reasonable suspicion or probable cause to ask you for permission to search. Can the police stop and frisk me without a warrant? Yes, but only if they have a reasonable suspicion that you are breaking the law and that you have a weapon on you. The frisk must be limited to a pat-down of your outer clothing—strictly to look for weapons. If they feel something they think feels like a weapon, then they can search you. Can school officials let police come into schools to question or arrest students?Yes, but no one can make you talk to the police. What should I do to protect myself if the police want to question me?Remember that you have the right to remain silent. Don’t answer any questions until you have spoken to your parents or a lawyer. If they start questioning you, say you want to speak to a lawyer. This will stop or postpone questioning at least until you have a chance to speak with a lawyer.
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