Background
In 2019, a thirteen-year-old student at a Virginia Beach middle school shared a sexually explicit photo of a classmate with other students. An assistant principal questioned the student, searched his phone, and notified a school resource officer. The officer investigated, and the student was charged with possession of child pornography in juvenile court. The charges were later dismissed after the student completed a deferred disposition. The student then sued the assistant principal, the officer, the school board, and the city, alleging violations of his Fourth, Fifth, and Fourteenth Amendment rights.
The court’s reasoning
The court applied the two-part test from New Jersey v. T.L.O. to the Fourth Amendment claim, finding the search justified at its inception due to reasonable suspicion and reasonable in scope as it was limited to the phone’s photo gallery. The court rejected the argument that Riley v. California displaced T.L.O. in the school setting, noting the different governmental interests at play. Regarding the Fifth Amendment, the court found the student’s confession voluntary under the totality of the circumstances, noting the short duration of questioning, the familiar school setting, and the absence of threats or physical coercion. The court also affirmed the dismissal of the conspiracy claim, finding no evidence that the Memorandum of Understanding constituted an agreement to deprive the student of his rights.
We find none of his arguments persuasive.
O.W. v. Carr, 24-1288 (4th Cir. 2026)
What it means going forward
The decision reinforces the authority of school officials to conduct warrantless searches of student cell phones based on reasonable suspicion and clarifies that such searches remain permissible even when law enforcement is involved, provided the school official acts independently.