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In Commonwealth v. Snyder, 413 Mass. 521, 526 (1992), the SJC held that, because the school code provided that a student has the right “[n]ot to have his/her locker subjected to an unreasonable search,” the student in School lockers provided to the students on campus are subject to opening and inspection (and external dog sniffs) by school officials at any time with or without cause, provided that the searches are not because of the student's race, color, national origin, ancestry, sex, gender identity and expression, religion, disability, or sexual orientation. pect the student of hiding or storing any controlled substance in his locker.
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Locker searches can be localized to the lockers of suspected students or drug-sniffing dogs can alert administrators to lockers that may contain illegal substances or drug paraphernalia. Besides its effectiveness in practice, the very presence of a school locker search policy can be an effective deterrent. According to the U.S. Department of Education, a locker may be searched if there is evidence that a school rule is being violated or that evidence is contained inside a student's locker. If your locker is considered personal property, then your school may not search your locker unless it has a “reasonable suspicion” that it may find something against the law or school rules. But if your locker is considered school property, then your locker can be searched.
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Is it fair to infringe on students Once the policy is implemented, the statute permits a public school principal or his or her designee to search a student's locker and contents at any time, as long as the published policy is followed. Any law enforcement agency having jurisdiction over the school may assist the school personnel.
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Locker searches are effective. Locker searches have been shown to reduce the number of students that store drugs, stolen items, or any material that is in violation of school policy in their lockers. 3.
Locker searches are also affected by individual school policies. Some schools maintain that lockers are school property and, therefore, school administrators can conduct random searches of lockers.
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For example if a student knows that the school is doing locker searches, he can still hide objects that are a danger for the school in his backpack or in other places. Searches of student lockers do impact privacy concerns, but must be allowed anyway.
Locker searches offend privacy. Locker searches offend privacy.
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LEGAL SEARCH AND SEIZURES. Before 1985, the interpretation of the Fourth Amendment – the one protecting citizens from unlawful search and seizure – applied to students in the public school system. During that time, it was illegal to for a school administrator to search a student’s locker or belongings. Inside lockers is a student's right to privacy, according to those against a plan to let principals search students for drugs without reasonable suspicion. His or her locker and pockets can also be legally searched. Courts will weigh a student’s right to privacy against a school’s need to obtain evidence of school rule violations and violations of the law.
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