There are several factors which should be considered by administrators
in deciding whether and how to act on a tip from a student that
inappropriate or illegal activities have occurred or will occur.
A documented investigation into the trustworthiness of the tipster and
the information provided is essential to showing the search is
reasonable in inception and scope under the Fourth Amendment’s
protections against unlawful searches.
REASONABLE SUSPICION
I. Is the student trustworthy?
a. Has the student provided accurate tips in the past?
b. Does the student demonstrate a positive attitude toward the school and its goals?
i. Grades
ii. Attendance
iii. Disciplinary record
c. Does the student have any animosity toward the person informed against?
i. Counselor
ii. Teachers
iii. Other students
d. Have other students furnished similar information?
II. Is the information provided by the student trustworthy?
a. Have other sources furnished similar information?
i. Have teachers or staff observed behavior changes in the student informed against?
ii. Does evidence from a search of a student corroborate the student’s tip?
INTRUSIVENESS OF SEARCH
III. Is a search reasonable?
a. Allowed by Board Policy?
b. What is the nature of the proposed search?
i. What is being searched?
1. Lockers, book bags, purses, pockets
2. Shoes, socks
3. Undergarments
ii. What is being searched for?
1. Health/Safety risk
a. Drugs
b. Weapons
2. Size
3. No Health/Safety risk
a. Money
iii. Who is doing the search? Same sex only
iv. Where is the search taking place? Privacy
Copyright © 2008 Zukowski Law Offices
While the information herein contained is considered accurate, it is
not legal advice and should not be construed as such. Please seek
a legal opinion from a qualified attorney based upon the facts of your
specific matter.