South Carolina School Search and Seizure Law
According to the York County Sheriff’s Office, A Clover High School student has been implicated in the sale of prescription pills, when a he allegedly sold a female two Adderall pills. Also, last week three teens were arrested for allegedly planning to deal drugs at the school. Adderall is a controlled substance used to treat attention deficit disorder.
The police further found text messages which they state was to arrange the sale of pills. The student was charged with possession of a controlled substance with intent to distribute.
Student searches are governed by the following South Carolina Statutes:
SECTION 59-63-1110. Consent to search person or his effects.
Any person entering the premises of any school in this State shall be deemed to have consented to a reasonable search of his person and effects.
SECTION 59-63-1120. Searches by school administrators or officials with or without probable cause.
Notwithstanding any other provision of law, school administrators and officials may conduct reasonable searches on school property of lockers, desks, vehicles, and personal belongings such as purses, book-bags, wallets, and satchels with or without probable cause.
SECTION 59-63-1130. Searches by principals or their designees.
Notwithstanding any other provision of law, school principals or their designees may conduct reasonable searches of the person and property of visitors on school premises.
SECTION 59-63-1140. Strip searches prohibited.
No school administrator may conduct a strip search.
However, notwithstanding these laws, New Jersey v. T.L.O, 469 U.S. 328 is a U.S. Supreme Court case that states that administrators at public high schools must receive training in the “reasonableness” standard under existing case law, and must be informed as to the procedures established as to how to conduct a school search.
If you or a loved one has been subject to a search either on or off school property, it is very important to ensure that such search was reasonable. Call the law offices of Reeves, Aiken & Hightower, LLP for a consultation. You can call our Baxter Village office in Fort Mill, South Carolina at 803-548-4444, or toll free at 877-374-5999.