Recent Sixth Circuit decisions and new Tennessee laws clarify when schools may search or detain students after reported gun threats. This article explains how courts now define student “seizures,” what standards apply to school searches, and the additional safeguards required under Tennessee law—offering practical guidance for parents and educators navigating high-stakes discipline decisions.

In this article, we are going to review how different courts across the country have applied that guidance to interrogations by SROs or outside law enforcement in a school setting. You will see that the outcome of each case shows the diversity of how the 5th Amendment is applied to students.

School officials have always served as parents (loco parentis) and in most cases can provide consent for law enforcement to speak to students. This may sound surprising as most parents, even educators, would not allow law enforcement to speak to their children without them being present.

Ever since the landmark Tinker v. Des Moines case, it is well established that students do not shed their rights at the schoolhouse but also that school officials have been given greater latitude to allow them to ensure a safe learning environment for all students.