Legal Question in Constitutional Law in New Jersey

strip search

4 boys on a senior HS trip were granted permission by a teacher to go to the parking lot of the hotel to meet girls. They returned to their room within curfew. After they returned the teacher that granted permission along with the principal came into the room and searched it for drugs. Nothing was found, so they proceeded to strip search the boys. Still nothing was found. Considering, they had permission and no drugs were found in the room. 3 of the boys have spotless school and legal records. Is this legal under the fourth amendment? Are educators allowed to strip search w/o consent of parents or police presence?


Asked on 5/01/07, 11:23 pm

2 Answers from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: strip search

I can't see any way the school would have this authority, unless they and/or their parents signed an agreement granting such authority beforehand.

If these students attend a private school the Fourth Amendment will probably not come into play. That wouldn't make the teacher's actions legal, but it would change the answer to your specific question.

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Answered on 5/01/07, 11:53 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: strip search

I should add that my prior answer presumes that the boys did not give the principal or the teacher permission to search them. If they did and if their permission was not coerced from them, the search was probably legal.

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Answered on 5/02/07, 12:01 am


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