Does the 4th Amendment apply to students in a private school based on whether the private school is a state actor?

Yes, there
is a difference in whether or not the 4th Amendment applies to a private school depending on if
they are a state actor. The 4th Amendment is the right to secure one's personal property against
unreasonable search and seizure. Because a private school can be classified as a state actor,
they do not have the authority to search an individual's personal propertyincluding taking urine
sampleswithout the individual's permission or a warrant.

In a typical school,
public or private, anything on the school grounds is available for search and seizure with some
small restrictions. In particular, items stored in lockers are fair game. However, if a private
school is a state actor, they have to abide by the Constitutional requirements that dictate
governmental actions.

The question arises when these schools violate basic
civil liberties as defined by the Constitution (in this case, the 4th Amendment). Is the
government subpoenaed as a result of the violation? Is the school stripped of its title as a
state actor? The Supreme Court is left to decide how to act in this situation, because, whether
intentionally or not, the school is acting on behalf of the government. As always, this makes
matters much more complicated.