Ed Law Briefly: Teacher Cannot Deflect Police Dogs in Name of Privacy

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Background: Vahe Khachatourian was a science teacher at LaPuente High School in California. In November, 2008, the police arrived with crime dogs for a routine campus search. Officers entered Khachatourian's classroom, and supervised the usual dog-sniff to detect drugs or weapons.

The dogs soon indicated that something was awry in the teacher's desk. A further search uncovered both a gun and a hunting knife in a locked box. The 37-year-old Khachatourian was immediately arrested. Students described him, in news accounts, as a talented teacher who was an avid gun collector. School administrators initiated the search in his classroom in particular after rumors circulated among students that the science teacher had brought a gun on campus that day.

In his defense, Khachatourian said the gun was to protect himself against a student who had threatened him. The knife was for cutting pizza.

Under California law, teachers can have an unloaded gun on campus if kept in a locked container. A jury found the teacher innocent of the knife possession charge, prompting his $15 million lawsuit against the district for the privacy violation.

Issue: Can a school district use police dogs in the classroom to search for drugs and weapons, or does that action violate the privacy right of the teacher?

Legal Principles: The Fourth Amendment to the U.S. Constitution is primarily about privacy. It guarantees citizens the right to be free from unreasonable searches and seizures. The fight comes over how to define reasonable, a concept that is far more fluid in public schools than the public at- large.

Outcome: The 9th U.S. Circuit Court of Appeals sided with the school district, insisting that a dog sniff was perfectly within their rights. The court forcefully rejected the teacher's argument that the search violated his Constitutional entitlement to privacy.

The court agreed that Khachatourian had a modest amount of privacy interest in his classroom and desk. However, that privacy right was outweighed by the district's essential need to safeguard the health and safety of students - particularly where dangerous items like weapons are involved.

In confirming the district court's ruling, the federal circuit court explained, "In the school context, a search for drugs or firearms is necessarily work-related, because getting rid of such contraband furthers the school's educational objectives by facilitating ‘an environment in which learning can take place.'"

Further, the court noted that the teacher had seen similar searches occurring elsewhere in the building, and therefore should have been on notice that his classroom was subject to the same treatment.

Last, the dogs providing an "alert" to handlers about the teacher's desk was justification enough for a deeper search, the opinion concluded.

Lessons for Principals and Teachers:

  • What does your state law say about the ability of teachers to possess a weapon at school?
  • Are crime dogs or other techniques a mainstay in your efforts to prevent drugs or weapons from harming students and staff?
  • School officials learned of the gun and knife because of student rumors. Do you have a solid enough relationship with students or an anonymous way to gain crucial information that can protect the health and safety of all?

9th U.S. Circuit Court of Appeals
Vahe Khachatourian v. Hacienda La Puente Unified School District (May 16, 2014)

Note: This information is not intended as legal advice. Federal and other court decisions can differ depending on what region of the country you live in. State laws also weigh in on certain issues. All cases are for educational purposes only, and meant to demonstrate how courts or administrative agencies have acted in specific instances as well as to provide information that can bolster the overall legal literacy of teachers and administrators. Local school attorneys can provide more detail about local law.

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