Office of Accreditation & Teacher Quality

Student Rights & Responsibilities

Strip Searches

A particular type of search that should be rarely used is a "strip search."  As the name implies, this type of search is particularly invasive.  Courts have indicated that "the Fourth Amendment applies with its fullest vigor against any indecent or indelicate intrusion on the human body."  Horton v. Goose Creek Independent School District, 690 F.2d 470 (5th Cir. 1982).  Even if the student is not asked to remove any or all clothing in the "strip search," the search that involves inspection of the body is particularly invasive and has not been condoned by the courts, except in rare circumstances.

Schools should be particularly cautious about conducting strip searches.  Courts will carefully review the facts justifying a "strip search."  Clearly, "strip searches" should not be considered for minor infractions or where immediate danger is not at issue.  That is not to suggest that "strip searches" are never justified.  "Strip searches" may be necessary to detect the presence of controlled substances or weapons.  Because of the danger involved in those activities, the "strip search" may be justified.

Again, there must be individualized reasonable suspicion at the outset, and the search must be limited to what is necessary to find the contraband.  In other words, "strip searches" of an entire class would not be recommended, nor to look for a small amount of money.  When school personnel have reasonable suspicion that a student or students have on their person weapons that put the student body in danger, a "strip search" is likely justified.  However, if the weapon is a gun, it is unnecessary that the student's undergarments be removed, because the weapon would be visible through the undergarments.