Schools have right to search lockers
January 18, 1990
Some DeKalb High School students may be misguided when it comes to their rights concerning school locker and property searches.
Illinois school officials are now able to request assistance from police in conducting searches of school lockers and property for illegal drugs. This also allows the use of drug-sniffing dogs to aid in the search.
According to DeKalb State’s Attorney Mike Coghlan and NIU Legal Counsel George Shur, school officials and any law enforcement officials requested to assist searching for illegal drugs must have reasonable cause before conducting the search.
Both Coghlan and Shur said the Fourth Amendment to the United States Constitution protects citizens against unjust searches and seizures.
Shur said school officials, as well as resident assistants in the residence halls on campus, may enter a locker or residence hall room if “there is smoke coming from the room,” or if they have any reasonable cause to do so.
School officials have always had the right to search a student’s locker, Shur said.
Coghlan said school officials do not always ask for assistance and it is not always needed. Schools operate under private civil laws and including police in a search would bring up the issue of civil rights, he said.
Coghlan suggested the possibility of schools requiring students to sign a contract that would grant school officials the right to search their lockers.
Ken Kennedy, DeKalb High School assistant-to-the principal, said the school does not require its students to sign such a contract. He said most students comply with the locker searches. “Most of the time students don’t have a problem with it,” Kennedy said.
The lockers are the property of the school district and even if the student protested, the locker would be searched, Kennedy said. The students have few rights concerning the locker itself, but they do have rights concerning personal belongings inside the locker.
Kennedy said in most cases personal belongings will not be looked through, unless there is reason to believe the student is holding drugs in a coat pocket or purse. The student must give permission before personal belongings are searched, he said.
There are no random searches conducted at DeKalb High School, Kennedy said. If a student’s locker is searched, officials must explain why it is being searched and why they have reason to believe the student has illegal drugs.
Students found holding drugs face a three-day suspension, with a maximum of up to 10 days, Kennedy said.
“Students can opt for an alternate suspension program which would include the three-day out-of-school suspension plus assessment with a local agency,” Kennedy said.
“Our interest is in the students seeking help,” he said.
High school officials will call the police if drugs are found, but police might not accept the case, Kennedy said. “It depends on whether or not there is a significant quantity (of drugs).
DeKalb High School sophomore Mike Meyers said locker searches are “a violation of my rights.” He said he was not aware of any contract that said school officials have the right to search students’ lockers.
“It isn’t fair. If your locker is searched, everyone knows about it the next day. They talk to your parents and send you to drug rehab. They make an example out of you. It should just be you, the principal and your parents and no one else,” Meyers said.