Consent to talk to a child in school is not consent to search them, even if a school administrator could consent

Children have a reasonable expectation of privacy from searches of their bodies while on the premises of their private school. Consent to talk to the children about child abuse is not consent to search their persons for evidence. Michael C. v. Gresbach, 526 F.3d 1008 (7th Cir. 2008):

Applied to the case sub judice, the inquiry is whether it was reasonable for Gresbach to believe that Reetz’s consent to interview the children included consent to conduct a search of the children’s bodies. We find that it was not. Based on Gresbach’s representations that she needed to “see the children” to investigate a child abuse allegation, and that Reetz need not be present for the interview, Reetz allowed Gresbach to speak to the children privately in order to obtain their statements about an allegation of child abuse. A reasonable person would not have interpreted this to mean that Reetz authorized Gresbach to search the children’s bodies. It is undisputed that Gresbach did not ask Reetz for permission to search the children for injuries. Gresbach argues that Reetz’s “general consent” to interview included the consent to inspect the children’s bodies, but she cites to no supporting relevant authority, and we are unaware of any case under Fourth Amendment jurisprudence that proscribes this notion.

In some instances, the line implicating Fourth Amendment concerns is blurred when it applies to the government and child abuse investigations. See Heck, 327 F.3d at 514 (acknowledging that there are circumstances in which the law of warrant and probable cause does not work effectively in the child removal or child examination context); Landstrom, 892 F.2d at 676 (holding that a search or seizure of a child by a state social worker must be “reasonable,” but that does not necessarily require probable cause or a warrant); Daryl H., 801 F.2d at 902 (stating that the government must fulfill its responsibility to protect the young under difficult circumstances). Recognizing the sensitive nature of these types of investigations, officials may make a search or seizure under exigent circumstances, where they have reason to believe life or limb is in jeopardy. See Brokaw, 235 F.3d at 1010. We do not exempt child welfare workers from adhering to basic Fourth Amendment principles under non-exigent circumstances–to do so would be imprudent. In these circumstances, caseworkers can take preliminary steps short of searches, such as interviewing the child and a parent, or obtaining a warrant either personally to conduct a search or to have a doctor perform the search. See Roe v. Texas Dept. of Protective and Regulatory Services, 299 F.3d 395, 407 (5th Cir. 2002).