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 Minnesota, as in other states, the regulation of school searches is guided by U.S. Supreme Court decisions, which have established that school administrators need only reasonable suspicion, not probable cause, to search a student or their property. This is a lower standard than is required for law enforcement officers. The search must be related to the suspected violation and cannot be excessively intrusive, considering the student's age, sex, and the nature of the suspected offense. The landmark cases of Safford Unified School District #1 v. Redding and New Jersey v. TLO set the precedent that while maintaining order and discipline within the school, administrators must also respect the privacy rights of students. Searches extending to undergarments and potentially exposing private body parts require a higher threshold of suspicion, specifically that there is a reasonable belief of danger or the presence of contraband in such areas.