Schools have a lot of leeway regarding disciplining students and controlling how they act on campus. At the same time, they can't do whatever they want with impunity, especially as it relates to obtaining evidence used in future criminal trials. If your student was illegally searched on school grounds, the LLF Law Firm can help.

Illegal searches taint evidence and can help students avoid serious punishment for alleged criminal behavior. Call our Criminal Law Team today at (888) 535-3686 or describe your situation through our website contact form to start preparing a solid defense.

Privacy Rights for Students in Pennsylvania

In Pennsylvania, students' privacy rights vary significantly depending on whether they are on or off campus.

Students have a diminished expectation of privacy on school grounds during school hours. The Fourth Amendment always applies to schools and students. Still, student privacy rights must be balanced against the needs of school officials to discipline students to keep order and maintain a safe environment.

The U.S. Supreme Court ruled that school officials need only reasonable suspicion, rather than probable cause, to search students or their property. This allows schools to search lockers, backpacks, or vehicles on campus as long as the search is justified in its inception and related to the initial reasons for the suspicion. If a student is seen with a weapon, for example, school officials may search for it and continue searching their belongings to discover more weapons based on their initial reasonable suspicion.

However, privacy expectations change when a student is off-campus or outside of school hours. In these situations, the Fourth Amendment's protections are stronger, and law enforcement generally must meet the higher standard of probable cause for searches to be legal. School officials typically retain some authority over students during off-campus school-sponsored events, however.

Common Criminal Charges Due to School Searches

Actions and behaviors occurring on campus can directly result in criminal charges and school discipline. Most often, students in Pennsylvania subject to a school search are charged with:

• Possession of Controlled Substances: If a student is found with drugs on school property, they may face charges under the Pennsylvania Controlled Substance, Drug, Device, and Cosmetic Act. Even small amounts can lead to criminal penalties, and evidence found during these searches is often admissible in court.
• Distribution of Drugs: Searches that uncover drugs, along with paraphernalia like scales or baggies, can result in intent to deliver charges. Pennsylvania law heightens penalties for drug distribution in school zones, which may also apply to older students committing those offenses. Even if a student does not physically have drugs on their person on school grounds, the existence of paraphernalia can lead to charges or reasonable suspicion for further searches.
• Possession of Weapons: Weapons in all forms, such as knives, guns, or makeshift shivs, may warrant criminal charges, especially if used during an altercation.
• Theft or Vandalism: Under Pennsylvania law, students may face criminal mischief or theft charges if a search reveals items related to theft or vandalism—such as stolen goods or spray paint—or if caught in the act by officials.

Many of these charges can lead to significant sentences, and students facing criminal charges due to evidence gathered through school searches should work with the LLF Law Firm to seek potential avenues for defense.

Why Evidence Gained Through School Searches Isn't Always Allowed

Just because school officials searched your student doesn't mean everything they discovered is admissible in court. A landmark Supreme Court Case from 1961 prevents prosecutors from using evidence gained from illegal searches and seizures to seek a conviction. What this means for your student is that one of the best ways to prevent serious criminal charges is by arguing against the reasonableness of the searches that produced incriminating evidence. We already discussed when searches are generally allowed, but when are they disallowed?

Searches may not hold up in court if they extend beyond their original purpose or lack a clear connection to school safety or order. For instance, courts are more likely to find the search unlawful if a school official searches a student based solely on a hunch without any specific reason or suspicion. Furthermore, if law enforcement becomes involved in the search, the stricter probable cause standard applies. If the police direct school officials to conduct a search without sufficient legal grounds, any evidence collected may be tainted and subject to exclusion in court.

Call the LLF Law Firm Today to Protect Your Student's Privacy Rights

Students do not deserve to face criminal punishment for charges deriving from illegal school searches. The LLF Law Firm understands the rights of students and will develop a defense strategy that gives them the best chance at maintaining their freedom. Call our Criminal Law Team today at (888) 535-3686 or contact us through our website to get started.