Can a non-consensual video of smoking in a car be used for a school suspension?

Question

If someone took a video of a person smoking in a smoke-free zone inside their car—which is considered private property—without their consent, and the video led to a search in which a vape was found and the person was suspended from school, can the video be considered a violation of privacy rights, thereby making the search and suspension unconstitutional?

James L. Arrasmith · Answer

If someone took a video of you smoking in your car without your permission, it might feel like an invasion of privacy, but that doesn’t always make the video illegal or unusable. While a car is your private property, it’s not always protected in the same way as your home—especially if it’s parked on school grounds or in a public area. Schools also have broader authority to enforce rules and maintain safety, even beyond the classroom. 
 
If the car was on school property, the school may argue it had a right to investigate once it received evidence of a rule being broken. Even if the video was taken without consent, courts have often ruled that students have reduced expectations of privacy at school. So, if the vape was found as a result of that search and it violated school rules, the suspension might be upheld. 
 
However, if the car wasn’t on school property and there was no immediate danger, things could get more complicated. You might still have a right to challenge the way the search was conducted or argue that your privacy was violated. But just the fact that the video was taken without consent doesn’t automatically make the suspension unconstitutional. It depends on where it happened, how the school got involved, and what their policies say.

Q: Can a non-consensual video of smoking in a car be used for a school suspension?