Idaho Court of Appeals upholds warrantless search of cars in school parking lots even though students have not committed any crimes.

Officials at high schools in Idaho can search automobiles belonging to students even when there is no evidence that they have broken any laws. The state Court of Appeals ruled last week that warrantless searches without probable cause are constitutionally permitted on school grounds.

Joseph A. Voss, Jr was a student at Timberline High School and over the age of eighteen on April 8, 2009 when an assistant principal decided to rummage through his automobile. An anonymous source informed the school official that Voss had been seen driving unsafely. Voss was called to the principal's office to explain, reeking of tobacco.

"In examining the authority in the above cases, we hold that the search of Voss's vehicle was justified at its inception," Judge Sergio A. Gutierrez wrote for the court. "Both TLO and Redding indicate that the reason for the schoolyard search exception to the warrant and probable cause requirements is precisely for the swift enforcement of school policies that maintain the order and safety of the educational atmosphere. As such, the assistant principal could justify the search of Voss's vehicle on school grounds based solely on reasonable suspicion that Voss was in possession of tobacco in violation of school policy -- even if it would not otherwise constitute a crime."

In the New Jersey v. TLO case, the Supreme Court justified searching a fourteen-year-old girl's purse because she had been accused of violating a rule against smoking in a school restroom. The appellate court reasoned that the high court permits warrantless searches in that case, it is equally rational to investigate a violation of the tobacco rule for someone over eighteen.
Idaho v. Foss: http://www.thenewspaper.com/rlc/docs/2011/id-school.pdf

http://www.thenewspaper.com/news/36/3652.asp