Can evidence obtained in school searches be used in a criminal case against a student?
A. Yes, provided the evidence was obtained legally. If a teacher or police officer obtains evidence in violation of the Fourth Amendment, the evidence is inadmissible in court. For example, a teacher cannot conduct a strip search (requiring the student to undress) when a pat-down search would be sufficient to look for a weapon. Any evidence obtained during the strip search would therefore be inadmissible in court.