Legal Question in Constitutional Law in Texas

What is the law on searching students in publics schools? Can the student refuse? In the state of texas.

If so how would the student state that he or she deny to be searched.


Asked on 3/02/10, 10:37 pm

1 Answer from Attorneys

Mitty Means Mohanty Means, P.C.

Your dormitory room may be searched based on the contract your parents and or you signed before you were allocated a dorm room. If you are living on campus, you are subject to state and federal law as well as college rules and regulations. If the college is a state run facility, then you are certainly subject to state laws, rules and reuglations as well as federal laws. Infraction of those rules and regulations allows the College to expel you and to search the premises within the college grounds. Exigent circumstances may also give them the right to search immediately after or duirng the commission of a crime.

However, your person cannot be searched without a warrant. If you object to both the search or the seizure, then ask the College to serve you with a subpoena. Just remember, the District Attorney or the Sheriff can get a subpoena within a very short time. The criteria for obtain a search warrant is a showing of probable cause.

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Answered on 3/08/10, 11:08 am


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