Click to visit OSBA's home page.
  • Login
  • Ask OSBA
  • Contact us
for help call: 1.800.578.OSBA
  • Programs

    Let us help
    • Board development
    • Charter schools and authorizers
    • Communications
    • Labor relations
    • Legislative
    • Litigation
    • PACE
    • Policy services
    • Recruitment & jobs
  • Topics

    I need to look up information
    • Ask OSBA
    • Board operations
    • Bonds
    • Budget & finance
    • Charter schools
    • Community engagement
    • Labor & negotiations
    • Legal
    • Legislative & advocacy
    • PERS
    • Policy
    • Public meetings & records
    • Student achievement & graduation
  • Training & Events

    Learning opportunities
    • Upcoming events
    • Previous events
    • Upcoming meetings
    • Previous meetings
    • Online training
    • Training workshops
    • PACE trainings
    • Webinar archive
    • Calendar view
  • News Center

    Latest information
    • News stories
    • Legislative Highlights
    • OREdNews archive
    • Media releases
    • Social media
    • Education notes
    • Sounding Boards podcast
  • About OSBA

    Our association
    • Staff
    • Board of directors
    • Board members of color caucus
    • Legislative Policy Committee
    • Oregon school board member of the year
    • Governance documents
    • Election center
    • Finances
    • Membership
    • Jobs at OSBA
    • RFPs and equipment
  • My OSBA

    Your account
    • My account
    • Online store
    • My purchases
    • Member resources
    • Login
  • Home
  • Topics
  • Legal
  • Reasonable_Suspicion_for_Search

Reasonable suspicion is grounds for search

The Oregon Supreme Court ruled that a school with reasonable suspicion of drug possession had legal grounds to search a student and seize drugs. OSBA submitted an amicus brief in the case, supporting the state’s argument that reasonable suspicion should be the standard for student searches, not the higher standard of probable cause.

In the case, school officials received a tip from a student that another student was trying to sell drugs on school property and may have drugs in his possession. The assistant principal called the student into his office and a school official opened the student’s jacket, reached into his pocket and removed marijuana and other contraband. In a resulting juvenile proceeding, the student moved to exclude the marijuana from evidence, arguing that school officials did not have probable cause to search his inner pocket.

The Oregon Supreme Court determined that student searches based on reasonable suspicion comply with the Oregon Constitution. The Court concluded that while high school students have rights under the Oregon Constitution to be free from unreasonable searches, these rights must yield if school officials can point to facts that reasonably create a risk of harm to school employees or other students. Because of the unique nature of the school environment, including mandatory attendance laws and heightened obligations to keep students safe at school, school administrators may take reasonable steps, including a limited search, to respond to such threats.

This is the second of two amicus briefs OSBA filed recently that resulted in court rulings consistent with OSBA arguments. (The first involved a teacher carrying a gun in Medford schools.)

Related content

  • Oregon ethics laws frequently asked questions
  • What guidelines apply to gifts given by parents or students to teachers, or by staff members and employees and board members to each other?
  • Tips for avoiding employment claims
  • We are filling a vacant board position. One of the applicants is related to a current board member. Can the current board member participate in the interviews, discussion and vote?
  • Just cause resources

Popular Content

  • Ask OSBA
  • OSBA Staff
  • Bill tracking
  • Online Store
  • Contact us
  • Feedback
  • Help
  • Legal notice / disclaimer
  • Links
  • Sitemap
  • Subscribe

1201 Court Street NE, Suite 400, Salem, Oregon 97301
  • 1-800-578-6722
  • (503) 588-2800
  • FAX fax: (503) 588-2813