The United States Supreme Court has recognized that the school setting requires some modification of the level of illegal activity required to justify a search of a student or the student’s property (purse, backpack, locker, phone, etc.).

The Court has held that there are two general requirements for a school administrator to search a student or the student’s property: (1) the school administrator must have reasonable suspicion (a lower standard than probable cause) that the search will turn up evidence that the student has violated or is violating the law or the rules of the school; and (2) the scope of the search must be reasonably related to the objectives of the search and not be excessively intrusive in light of the age and sex of the student and the nature of the suspected infraction. See Safford Unified School District #1 v. Redding, 557 U.S. 364 (2009); New Jersey v. TLO, 469 U.S. 325 (1985).

For example, there must be a reasonable suspicion of danger or that the student has hidden contraband such as drugs in the student’s underwear to extend the scope of a school search from outer clothes, backpacks, and purses, for example, to underwear and the likely exposure of private body parts.

This standard is designed to allow school authorities to maintain order in their schools without unduly burdening those efforts and without authorizing unrestrained intrusions on the privacy of schoolchildren.

In Connecticut, the regulation regarding the search of a student or their property by school administrators aligns with the standards set by the United States Supreme Court. School officials must have reasonable suspicion, which is a lower threshold than probable cause, to conduct a search. This suspicion must be based on evidence suggesting that the student has breached or is breaching either the law or school policies. Additionally, the extent of the search must be proportionate to the search's purpose and not excessively invasive, considering the student's age, gender, and the nature of the alleged violation. The landmark cases of Safford Unified School District #1 v. Redding and New Jersey v. T.L.O. provide the legal framework for these searches, ensuring that while school authorities have the necessary power to ensure a safe and orderly educational environment, they do not infringe on the students' privacy rights more than necessary. For instance, a more invasive search, such as examining a student's underwear, would require a reasonable suspicion of a serious danger or the presence of hidden contraband.