Suburban Law Enforcement Academy (SLEA) BA State Certification Practice Exam

Is Officer Welte allowed to search the minor's backpack upon arrest at the high school?

1. Yes, minors' personal property can always be searched

2. No, searching a backpack is not allowed

3. Yes, if there is probable cause

4. No, unless a parent is present

The correct answer is: Yes, minors' personal property can always be searched

The premise of whether Officer Welte can search the minor's backpack upon arrest hinges on the legal standards that govern searches and seizures, particularly as they relate to minors. While it may seem that minors' personal property can always be searched, this isn't necessarily the case across all circumstances. In practice, searches conducted by law enforcement must adhere to the principles of the Fourth Amendment, which protects against unreasonable searches and seizures. Generally, the search of personal property like a backpack would need to be justified by probable cause or other reasonable standards, acknowledging that even minors have a certain expectation of privacy. Therefore, the assertion that minors' personal property can always be searched lacks nuance regarding legal frameworks and protections. A search either needs probable cause or must meet established criteria that justify the intrusion regardless of the suspect's age. The correct approach in this situation would involve confirming whether there was probable cause or exigent circumstances surrounding the circumstances of the arrest. Thus, asserting that Officer Welte has blanket authority to search the minor's backpack simply because they are a minor doesn't accurately reflect the legal principles involved. Instead, the position that allows for searching the backpack would depend on having a probable cause, keeping with established legal standards surrounding searches.