CAS Legal Mailbag ' 1/26/23

• Jurisdiction: United States,Federal
• Author: Mr Thomas B. Mooney
• Law Firm: Shipman & Goodwin LLP
• Published date: 30 January 2023

Originally appeared in the CAS Weekly Newsletter

Dear Legal Mailbag:

With THC and nicotine vaping on the rise in schools, as a high school administrator, I have a couple of questions for Legal Mailbag.

First, when a student is found in the same bathroom stall as another student, without any other reasons for suspicion (such as a scent, smoke, etc.), does one student being in the same stall as another provide reasonable suspicion for the Administration that would justify a search of the students?

Second, are there any legal issues with our using a metal detector wand to assist in a search?

On second thought, I have a third question. Are we legally able to make a student's return to school, after a suspension or expulsion for drug use/possession on campus, contingent upon producing a clean drug test?

Signed,
Questioning

Dear Questioning:

You are indeed a curious fellow. Legal Mailbag would rather not think about finding two students in the same bathroom stall, but in the public interest, Legal Mailbag will answer the question.

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