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It depends on the circumstances. If there is probable cause or a child is under arrest, he/she can be searched and questioned. Additionally, in schools, there are additional limits to the 4th amendment. For example, lockers can be opened and searched, without the restrictions that would be placed on searches of adults.

Additional: School authorities (i.e.: employees of the school) do not operate under, nor are they required to adhere to, the laws of search and seizure that govern the actions of law enforcement officers.

However if the individual who conudected the "search" was an officer, 'Probable Cause' is not necessarily required. Depending on what it is that is being searched for, 'Reasonable Suspicion' is cause enough for an officer to conduct a "Terry stop" and to frisk the clothing of a student.

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12y ago
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12y ago

Yes, it is.

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Q: Is it legal to search a child in school without a parents consent?
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