| 中文摘要 |
"本院贊同已審理此一爭議的大多數法院之結論，認為學生隱私權益與教師、行政人員維護校園秩序的重大需求之調和，不要求嚴格遵守搜索必須根據相當事由﹙相信被搜索者已經違法或正在觸法﹚的要件。反而，搜索學生之正當性應取決於搜索之整體情況的「合理性」。判定任何搜索之「合理性」涉及兩方面的調查：第一，必須考量搜索行為在最初開始時是否具有正當性；第二，必須判定實際搜索行為是否與正當化搜索行為之情況有合理關連性。在一般情況下，當教師或校方人員有合理理由相信對學生之搜查將會搜出學生已經違反或正在違反校規或法律之證據而進行搜索時，則搜索學生的行為是具有正當性。當校方搜索之方式與搜索目的具有合理關連性，而且根據學生年齡、性別和違規性質未過度侵擾學生的隱私，則此類搜索是可被允許的。We join the majority of courts that have examined this issue in concluding that the accommodation of the privacy interests of schoolchildren with the substantial need of teachers and administrators for freedom to maintain order in the schools does not require strict adherence to the requirement that searches be based on probable cause to believe that the subject of the search has violated or is violating the law. Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search. Determining the reasonableness of any search involves a twofold inquiry: first, one must consider whether the action was justified at its inception; second, one must determine whether the search as actually conducted was reasonably related in scope to the circumstances which justified the interference in the first place. Under ordinary circumstances, a search of a student by a teacher or other school official will be justified at its inception when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school. Such a search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction." |
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