Can law enforcement officers search a juvenile or their property?
Our research found that the police can legally search and minor and their property. Generally, law enforcement officers must provide juveniles with the same Fourth Amendment search and seizure protections as adults, and they must also conduct the search with a warrant. However, exceptions to the warrant requirement can be made for the cop to search a minor or their property on a school campus because the state wants to protect students, school employees, and school structures. If you need more information, use the tool below to seek reliable legal help.
UPDATED: Jul 15, 2021
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UPDATED: Jul 15, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.
UPDATED: Jul 15, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
UPDATED: Jul 15, 2021
It’s all about you. We want to help you make the right legal decisions.
We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.
Law enforcement officers may conduct a police search of a juvenile and their property. Generally, law enforcement officers must provide juveniles with the same Fourth Amendment search and seizure protections as adults; a law enforcement officer’s search must be reasonable. The police search must also be conducted with a warrant.
However, there are exceptions to the warrant requirement for a police search that differ by state. Exceptions may involve an emergency, such as a juvenile who is posing an immediate danger to another person. Exceptions may also involve an arrest, such as a juvenile who is found driving while intoxicated; in which case, if the juvenile is arrested, a law enforcement officer has the right to search the juvenile’s vehicle as a search incident to arrest.
States have different views about search requirements if a juvenile or their property is physically located on a school campus. Specifically, states do not agree on whether law enforcement officers need to base the on-campus search on probable cause or reasonable suspicion. A state may provide a law enforcement officer with more leeway to search a juvenile or their property on a school campus because the state wants to protect students, school employees, and school structures. How the state views the circumstances of a particular search depends on the facts of the case.
Generally, if a police officer acts without being asked to search by a school employee, they must demonstrate that they have probable cause. There may be an exception if the law enforcement officer is stationed at the school as a school resource officer. In this situation, the law enforcement officer may only need reasonable suspicion. The state may see the police officer for limited purposes as a school employee. If law enforcement officers have a direction to search from a school employee, they may only need reasonable suspicion. The “reasonable suspicion” standard is lower than the “probable cause” standard.
A law enforcement official can search a juvenile or their property on a school campus for an offense that is alleged to have occurred off campus at any time. A school employee, such as a school security guard, does not need a warrant to search a juvenile or their property. Schools have their own rules regarding the requirements for a search. These are different from the rules for law enforcement officers.
If a juvenile or their property is not physically located on a school campus, a law enforcement officer must demonstrate that there is probable cause to conduct a police search of the juvenile or their property.
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Mary Martin
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Mary Martin has been a legal writer and editor for over 20 years, responsible for ensuring that content is straightforward, correct, and helpful for the consumer. In addition, she worked on writing monthly newsletter columns for media, lawyers, and consumers. Ms. Martin also has experience with internal staff and HR operations. Mary was employed for almost 30 years by the nationwide legal publi...
Published Legal Expert
Editorial Guidelines: We are a free online resource for anyone interested in learning more about legal topics and insurance. Our goal is to be an objective, third-party resource for everything legal and insurance related. We update our site regularly, and all content is reviewed by experts.