Originally Posted by AArlington
First, I'm glad I went to private schools and oversears chools
.
Second, can you clarify that case you posted? The first paragraph indicates that the fourth ammendmant still applies. But the second paragraph says school officials are exempt from the warrant requirement if the search is reasonable. There is no question that students can be expelled; but can evidence that gets a student expelled (rolling papers or whatever) also be used criminally?
And in the case of the child with the scissors -- could the way those scissors were discovered be a legal search for criminal purposes? And if not, under what grounds was the child arrested?
Well...don't forget the Constitution doesn't reach to private schools! They could search you day and night without worrying about the Fourth Amdt.
As to your question, any evidence a school legally obtains can be used for prosecution. So, if a school search is found to be reasonable under all the circumstances, that evidence is considered legally obtained, and can be used in court.
As far as this case...it's hard to say for sure whether a court will say this search was reasonable without knowing more of the facts. This is an area where the law is pretty loose in giving the school plenty of leeway to make a case for reasonableness, thus, it's a relatively easy burden for the school to meet.