When your child returns from school and tells you that a police officer searched their backpack without permission, it is natural for parents to feel concerned and outraged. Is this practice legal?
Fortunately, the law has safeguards for this kind of situation. If a police officer alleges that a minor has committed a juvenile offense, there are legal avenues available to challenge the search and protect the minor’s rights.
Your child can refuse a search
The Fourth Amendment to the U.S. Constitution shields individuals, including minors, from unreasonable searches and seizures. Before police can search your child’s possessions off school grounds, including their backpack, they first need to secure legal requirements, such as:
- Warrant: A court order authorizing the search.
- Probable cause: A reasonable belief that your child’s backpack contains criminal evidence.
- Consent: If your child gives permission, however, they may not realize the full extent of such action.
It is also important to note that school administrators typically have wider search powers on school grounds if they reasonably suspect wrongdoing. Still, if these legal requirements do not exist, educating your child to refuse the search is crucial.
Legal options exist when charged
If law enforcement searched your child’s backpack without a warrant, find out why and whether they consented. A skilled juvenile crime attorney can help challenge the search, including filing a motion to suppress evidence, arguing that the search was unlawful and any evidence obtained should be excluded from the case. If successful, this can significantly weaken the prosecution’s case or even lead to dismissal.
If the police charge your child with a juvenile crime stemming from the search, several legal defenses exist, such as lack of intent, age-based defenses, coercion or duress and Miranda rights violations. Time is of the essence to counter such an allegation and protect your child’s future.