Legal Question in Criminal Law in Michigan

Re: schools

First, if the school is a private school, then the following comments may not apply because constitutional violations (like search & seizure) occurs when the Government violates rights. Private school are not arms of the government.

Further, if the student consented to the search (said "ok, you can look"), then the search is ok. the constittuional right has been waived.

Students have 4th Amendment rights against unreasonable searches under the Federal constitution, and may have more privacy rights under some state constitutions. But the rights are diminished in school settings because school are responsible for maintaining a safe learning environment. So, searches toward are more "reasonable" than searches for other reasons.

Schools can conduct reasonable searches on campus. Of course, "reasonableness" depends on all the facts in your particular case: is the school doing the search for a school safety reason? (if 'yes', then it's more reasonable); is the search more extensive than necessary (if 'no', then it is less reasonable); what is the student's "expectation of privacy" re: the text messages?; etc.

This could be viewed as the modern day equivalent of "note-passing" in class between students ... and there's no question that teachers can intercept THOSE. At least in my day they could ... and did.

Ironically, just yesterday I listended to a podcast on this general issue. The podcast is called "Legal Lad". To listen to this particular audio clip, go to http://www.qdnow.com/legal.xml and scroll down to episode #015 ("Student Searches in School"). You can also listen to the same clips from http://legallad.quickanddirtytips.com/default.aspx

That podcast -- like answers on LawGuru.com -- does not create an attorney-client relationship, and is meant to give general education on a topic. To be certain about the legality in your jurisdiction, consult an attorney in private practice.