Law & Courts News in Brief

Top North Dakota Court Upholds Officer’s Search of Student

By Mark Walsh — April 24, 2012 2 min read
  • Save to favorites
  • Print

A North Dakota school resource officer’s search of a student that turned up illegal drugs and drug paraphernalia was reasonable under the legal standard for searches by school officials and did not have to meet the higher threshold of probable cause, the state’s highest court has ruled.

The unanimous decision by the North Dakota Supreme Court this month helps clarify the status of school resource officers—police officers who are typically stationed in schools and work closely with school administrators on student-safety matters.

Under a 1985 decision in New Jersey v. T.L.O., the U.S. Supreme Court held that the Fourth Amendment applies to searches by school officials, but that they need only meet the reasonableness standard. The federal high court has not ruled on the status of school resource officers, but as the North Dakota Supreme Court outlines in its opinion, lower courts have generally held that the reasonableness standard also applies to a student search by a resource officer acting on his own initiative or at the behest of school administrators. Only when a student search was initiated by “outside” police officers has the Fourth Amendment’s probable-cause standard been applied.

In the North Dakota case, a school security guard (not the resource officer) in February 2011 noticed Christian Antonio Alaniz Jr., acting suspiciously in an area near an unidentified Grand Forks high school known for drug use. School resource officer Troy Vanyo of the Grand Forks police department observed Mr. Alaniz.

Later, Officer Vanyo and an associate principal escorted Mr. Alaniz, who was 18 at the time, into a school detention room. Without delivering a Miranda warning, Mr. Vanyo told the student that if he had “anything on him,” he should lay it on the table, court papers say. Mr. Alaniz’s emptied pockets yielded a glass pipe and synthetic marijuana. He was charged in a North Dakota court with felony possession of a controlled substance and drug paraphernalia.

Mr. Alaniz entered a conditional guilty plea, reserving his right to challenge the search as a violation of the Fourth Amendment.

In its April 10 decision in State of North Dakota v. Alaniz, the state’s high court agreed with the trial court that the school resource officer’s search was reasonable.

The search was justified at its inception based on observations by Officer Vanyo and the school secrity guard, the court said.

A version of this article appeared in the April 25, 2012 edition of Education Week as Top North Dakota Court Upholds Officer’s Search of Student

Events

Reading & Literacy K-12 Essentials Forum Supporting Struggling Readers in Middle and High School
Join this free virtual event to learn more about policy, data, research, and experiences around supporting older students who struggle to read.
School & District Management Webinar Squeeze More Learning Time Out of the School Day
Learn how to increase learning time for your students by identifying and minimizing classroom disruptions.
This content is provided by our sponsor. It is not written by and does not necessarily reflect the views of Education Week's editorial staff.
Sponsor
Webinar
Improve Reading Comprehension: Three Tools for Working Memory Challenges
Discover three working memory workarounds to help your students improve reading comprehension and empower them on their reading journey.
Content provided by Solution Tree

EdWeek Top School Jobs

Teacher Jobs
Search over ten thousand teaching jobs nationwide — elementary, middle, high school and more.
View Jobs
Principal Jobs
Find hundreds of jobs for principals, assistant principals, and other school leadership roles.
View Jobs
Administrator Jobs
Over a thousand district-level jobs: superintendents, directors, more.
View Jobs
Support Staff Jobs
Search thousands of jobs, from paraprofessionals to counselors and more.
View Jobs

Read Next

Law & Courts Supreme Court to Weigh Birthright Citizenship. Why It Matters to Schools
The justices will review President Trump's bid to end birthright citizenship, a move that could affect schools.
4 min read
President Donald Trump signs an executive order on birthright citizenship in the Oval Office of the White House, Monday, Jan. 20, 2025, in Washington.
President Donald Trump signs an executive order to on birthright citizenship in the Oval Office on Jan. 20, 2025. The U.S. Supreme Court will consider the legality of Trump's effort to limit birthright citizenship, another immigration policy that could affect schools.
Evan Vucci/AP
Law & Courts 20 States Push Back as Ed. Dept. Hands Programs to Other Agencies
The Trump admin. says it wants to prove that moving programs out of the Ed. Dept. can work long-term.
4 min read
Education Secretary Linda McMahon appears before the House Appropriation Panel about the 2026 budget in Washington, D.C., on May 21, 2025.
Education Secretary Linda McMahon appears before a U.S. House of Representatives panel in Washington on May 21, 2025. McMahon's agency has inked seven agreements shifting core functions, including Title I for K-12 schools, to other federal agencies. Those moves, announced in November, have now drawn a legal challenge.
Jason Andrew for Education Week
Law & Courts A New Twist in the Legal Battle Over Trump's Cancellation of Teacher-Prep Grants
A district court judge says she'll decide if the Trump administration broke the law.
4 min read
Instructional coach Kristi Tucker posts notes to the board during a team meeting at Ford Elementary School in Laurens, S.C., on March 10, 2025.
Instructional coach Kristi Tucker posts notes to the board during a team meeting at Ford Elementary School in Laurens, S.C., on March 10, 2025. The grant funding this training work was among three teacher-preparation grant programs largely terminated by the Trump administration in its first weeks. Eight states filed a lawsuit challenging terminations in two of those programs, and a judge on Thursday said she couldn't restore the discontinued grants but could rule on whether the Trump administration acted legally.
Bryant Kirk White for Education Week
Law & Courts Educational Toymakers Sued Over Trump Tariffs. How Is the Supreme Court Leaning?
Most justices appeared skeptical of President Trump's tariff policies, challenged by two educational toymakers.
3 min read
People arrive to attend oral arguments at the Supreme Court on Wednesday, Nov. 5, 2025, in Washington.
People arrive to attend oral arguments at the U.S. Supreme Court on Wednesday, Nov. 5, 2025, in Washington. The court heard arguments in a major case on President Donald Trump's tariff policies, which are being challenged by two educational toy companies.
AP Photo/Mark Schiefelbein