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 New Mexico, as in other states, the standard for conducting searches of students or their property in a school setting is less stringent than in other environments. Following the precedent set by the U.S. Supreme Court in cases such as Safford Unified School District #1 v. Redding and New Jersey v. TLO, school administrators in NM must have 'reasonable suspicion' to search a student or the student's property. This is a lower standard than 'probable cause,' which is typically required for searches outside of the school context. The search must also be proportionate to the suspected violation, meaning it should not be excessively intrusive considering the student's age, gender, and the nature of the suspected infraction. For instance, a search may extend to a student's underwear only if there is a reasonable suspicion that contraband is hidden there and poses a danger. These guidelines aim to balance the need for school safety and discipline with the protection of students' privacy rights.