Schools Can Search Student Cars,
Says N.J. Supreme Court—Web Extra

Today, in a unanimous decision, the New Jersey Supreme Court upheld an administrator’s right to search for drugs in a student’s car without a search warrant if it is parked on school property and if the administrator has reasonable suspicion that evidence of illegal activity will be found in the car.

NJSBA participated in the case, State v. Thomas Best, as amicus curiae (friend of the court), supporting school officials’ authority to search the car under the circumstances.  The Association’s brief noted that on that day, by the student’s own admission, he had already provided a capsule of unknown substance to a minor, who ingested it and appeared to be under its influence.

“In this situation the administrator was compelled to continue to look for contraband, as his responsibility is to protect the entire student body,” the NJSBA brief stated.

NJSBA has a long history of supporting school districts as amicus in cases that have defined school districts’ authority to maintain a safe school environment. In a U.S. Supreme Court case from early 1980s involving the Piscataway school district, State v. T.L.O., NJSBA successfully argued in support of allowing school officials to conduct a search of students based on “reasonable suspicion,” rather than the more stringent “probable cause” standard placed on law enforcement.  The rationale in that case—that school officials had a responsibility for the health and safety of students—was referenced in today’s Best decision.

The case involved a suspected drug sale in 2006 by an 18-year old student at Egg Harbor Township High School. The school’s resource officer and an assistant principal searched the student’s car after finding pills suspected to be illegal drugs in his pockets. A search of the car revealed a bag of suspected marijuana, a bottle of pills, a bag containing a white powdery substance and drug paraphernalia.  The student was charged with various drug and paraphernalia offenses.

The student moved to suppress the evidence seized from his car as a violation of his Fourth Amendment search and seizure rights.  In 2008, a state appellate court ruled against the student, concluding that the privacy interests of students are outweighed by the interest of administrators in maintaining a drug-free environment in the classroom and on school grounds.

This is the first time that the New Jersey Supreme Court has decided what standard should apply to an administrator’s search of a student’s car on school property. In today’s decision, the Supreme Court determined students have no greater expectation of privacy of items in their automobile than items in their purse or locker. The court concluded that the reasonableness standard, and not the traditional warrant and probable cause requirements, applies to the school authorities’ search of a student’s automobile on school property.

The court ruled that the search was justified from the start, as there were reasonable grounds for suspecting that the search would turn up evidence of drugs.  Also, the search conducted was reasonably related in scope to the various locations on school property that defendant might have placed the contraband – on his person, his locker, and his car.

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