Re:Notes? (Score 0)

Unfortunately, we are missing critical details but lets assume that this is a publicly funded school and this occurred in a high school setting. A teacher must have knowledge or probable cause that the students are doing something illegal, such as a conspiracy, and that merits a search of a students personal property. The teacher can not assume that the mens reas of every student is to commit a crime, there must be evidence to support the conspiracy of the students attempt to cheat or as we would say, burden of proof.

The teacher would therefore be guilty of petit theft, performing an illegal search and in violation of the 1st & 4th Amendment rights.

One could argue that the authority of the state has precedent over the rights of the high schoolers, but this does not give the state blanket immunity. For example, the search of a locker, for instance in some states, a state is the owner of the lockers and therefore the expectation of privacy is limited. However, this does not involve a locker, it involves a personal belongings not in the possession or ownership of the state. Therefore the expectation of privacy is now different and in favor of the student in this instance since the state does not own each and every bag of the students.

The general rule is:

1. Is there sufficient probable cause that a crime or conspiracy is being committed?
2. Are the safety of the students and school in jeopardy?
3. Has been a crime committed? If so, what is the evidence that the student is involved?

Me, I would contact the local police, report a theft, sue the school for civil rights violations and contact the media.