Personal Property
In Connecticut, school officials have the authority to search your child's personal property, such as a purse, backpack, and even a car, so long as they adhere to the "reasonable, under all of the circumstances" requirement. While these searches are permitted, they must meet the same standards as those applicable to searches of your child's person. Specifically, the search must be "justified at inception" and "permissible in its scope." Notably, school officials are required to ensure that their searches are not excessively intrusive.
Lockers and Desks
The Connecticut General Assembly has enacted legislation allowing the search of lockers and other school property that students use, including desks, for the presence of weapons, contraband, or the fruits of a crime. School officials or law enforcement officials may conduct these searches as long as they are "reasonable, under all of the circumstances"—meaning reasonable at inception and permissible in scope.
Unlike Connecticut, under New York law, students do not have a reasonable expectation of privacy with regard to lockers, desks, and other school storage places, which remain under the complete control of school officials. Consequently, these areas can be searched at any time by school officials without prior notice to students or their consent. However, specific regulations in New York City require that there be reasonable suspicion of wrongdoing before searching lockers.
Social Media Accounts
School officials accessing a student's social media accounts is a complex issue. In 2014, a student in Minnewaska, Minnesota, secured a $70,000 settlement after her school's officials compelled her to provide them access to her Facebook account. The U.S. District Court for the District of Minnesota found that the student had a reasonable expectation of privacy with regards to her password-protected Facebook messages, similar to other forms of electronic correspondence. As a result, Minnewaska school policies were updated to stipulate that off-campus electronic records and passwords can only be searched if there is reasonable suspicion that they relate to violations of school rules.
Conversely, in a case evaluated by the U.S. Court of Appeals for the Fifth Circuit, school officials were granted qualified immunity after inspecting a student's Facebook account and suspending her from cheerleading based on their findings. The court highlighted that officials "did not have fair warning" regarding prohibitions against accessing a student's online accounts in relation to threatening messages sent to another student. Although the court offered no definitive opinion on whether the officials' actions violated constitutional rights, it underscores the legal ambiguity surrounding social media searches.
Contact Us
If you have any questions regarding school searches and seizures in Connecticut, or wish to consult an attorney regarding a legal matter, please contact Joseph C. Maya and the attorneys at Maya Murphy, P.C. at (203) 221-3100 or Jmaya@mayalaw.com to arrange a free initial consultation.
