can my school search me for this?

UPDATED: Oct 1, 2022

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can my school search me for this?

so my second period class was over and i went to the bathroom before my next
class and the bathroom smelt like weed when i got in there and once i left the
assistant principal saw me leave the bathroom and pulled me out of class a
couple minutes later just because he saw me leave the bathroom he didnt see me
smoking or anything in the bathroom which i wasnt anyway and i was searched by
one of the schools administration workers but i asked them before they searched
me how they where allowed to search me and they said the smell of weed gave
them suspicion to search my backpack but i didnt smell like weed at all niether
did my backpack it was just the bathroom so im just confused on how they where
allowed to search me and just want to know if i could fight it in court and
have a chance of winning.this will be my second mip and i just dont think it
was fair how i was searched i looked up colorado laws for searching students
and it said they arent allowed to search me over a hunch and thats what i feel
like they did. my name is Robert Berry i live in littleton colorado and i
attend chatfield senior highschool.

Asked on May 6, 2019 under Criminal Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The school's code of conduct is its voluntarily assumed set of guidelines for behavior or action. Since the school creates these guidelines itself and voluntarily chooses whether to adhere to them, they are not binding on the school: the school may choose to ignore its own code of conduct. The code of conduct is not a law and not binding on the school.
Schools are "in loco parentis": that means that by law, they stand in the shoes or place of your parents or legal guardians and have, at the school, essentially the same power and authority your parents or legal guardians have over you. So just as your parents could legally search you or or backpack over a "hunch," so can the school; the search was legal.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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