Legal Question in Constitutional Law in Illinois

Sign eliminates students' right to privacy

A public high school in northern Illinois has posted signs on the roads that lead to the parking area that state ''Any vehicle passing this point is subject to a search by law enforcement officials.'' Does this violate the Fourth Amendment? Can a roadsign eliminate the right to privacy?


Asked on 4/07/04, 4:16 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

Re: Sign eliminates students' right to privacy

The Fourth Amendment doesn't forbid all searches, but instead forbids only unreasonable ones. I think a search under these circumstances is reasonable.

The school has a legitimate interest in keeping drugs, weapons, etc. off school grounds. Since it is not obligated to provide parking at all, it can limit parking privilges to those who are willing to subject themselves to a search.

By informing drivers ahead of time that their cars might be searched, the school provides ample notice so that drivers who don't want a search can stay away. By choosing to enter the school's parking area after seeing the sign, the driver is implicitly consenting to a search. A consensual search is only a constitutional violation if the consent was coerced or the search is conducted in an unreasonable manner.

You don't need to worry about an invasion of your privacy if you don't bring your car onto school property.

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Answered on 4/07/04, 4:32 pm


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