Sacramento, CA asked in Criminal Law, Civil Rights, Education Law and Juvenile Law for California

Q: can a student in northern california be taken into a room have his back pack searched and search the student?

He was not read any miranda wrights no school cops were involved falsely detaing him and making allegations of smoking weed. He was never told why they were searching him or his backpack and they did not notfy me or his mom

2 Lawyer Answers

Ali Shahrestani, Esq.

  • Criminal Law Lawyer
  • San Francisco, CA
  • Licensed in California

A: See:

More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

Eric J Youngquist

  • Criminal Law Lawyer
  • Palm Springs, CA
  • Licensed in California

A: In California, and throughout the other 49 states, Police And Law Enforcement have been granted additional authority to conduct searches and seizures which otherwise fall under the umbrella of traditional 4th Amendment protections. The underlying rationale is that school zones with children and even university and colleges require additional safeguards to keep students safe and secure while under responsibility of the school district. "Portal to portal" responsibility for safety extends from the front doors of the residences to campus and back so yes, searches of backpacks,lockers, and persons are valid and supported by the Constitution. Even the introduction of canine sniffs of lockers and unobtrusive searches that are the functional equivalent are deemed valid in most jurisdictions.

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