Search and Seizure Policy

      To maintain order and discipline in the schools and to protect the safety and welfare of students and school personnel, school authorities may search a student, student lockers or student automobiles when parked on school property under the circumstances outlined below and may seize any illegal, unauthorized, or contraband materials discovered in the search.  School officials are empowered to conduct reasonable searches of students and school property when there is reasonable suspicion and/ or probable cause to believe that students may be in possession of drugs, weapons, alcohol, and other materials (“Contraband”) in violation of school policy or state law.  Students who bring contraband onto school grounds may be searched in order to secure the school environment so learning can take place and to protect other students from any potentially harmful effects stemming from the contraband.  School property shall remain under the control of school officials, and shall be subject to search.  The Administration may utilize canines as provided in the Administrative Procedures.

     A student’s failure to permit searches and seizures as provided in this policy will be considered grounds for disciplinary action.

Definitions For the purpose of policy and these administrative procedures, the following definitions are applicable:

Contraband is all substances or materials, the presence of which is prohibited by school policy or state law, including but not limited to, controlled substances, drugs, alcohol, or alcoholic beverages, abusable glue or aerosol paint, guns, knives, weapons and incendiary devices.

 Reasonable suspicion is the standard for a search on school property or at school related events and is based on the school official’s specific reasonable inferences which he/she is entitled to draw from the facts in light of the school official’s experience.  Specific reasonable inferences may be drawn from instances including but not limited to a tip from a reliable student, suspicious behavior that suggests that contraband is present, a smell indicating the presence of the contraband or a bulge in a pocket, etc.  Reasonable suspicion should not be based on mere hunch.

School Property Student lockers, desks, etc., is deemed school  property.   The school exercises exclusive control over the school property, and students shall not expect privacy regarding items placed in school property because school property is subject to search if deemed necessary at any time by school officials.

Locker Searches Student lockers are school property and remain at all times under the control of the school; however, students are expected to assume full responsibility for the security of their lockers.  School authorities for any reason may conduct periodic general inspections of lockers at any time without notice, without student consent, and without a search warrant.  Upon request by the principal, any student who supplies his/her own lock shall immediately provide the building principal with the combination or duplicate key.

Automobile Searches Students are not permitted to park on school premises without the specific permission of the school principal.  Under these circumstances, the school retains the authority to inspect the vehicle whenever there is reasonable suspicion that illegal or unauthorized materials are contained inside.  Such inspections may be conducted with specific permission of the school principal without notice, without student consent, and without a search warrant.

Personal Searches A student’s person and/or personal effects (e.g., purse, book bag, etc.) may be searched whenever a school authority has reasonable suspicion to believe that the student is in possession of illegal or unauthorized materials.  If a pat-down search of a student’s person is conducted, it will be conducted in private by a school official of the same sex and with an adult witness present.

     If extreme emergency conditions require a more intrusive search of a student’s person, a school official of the same sex may only conduct such a search in private.  An adult witness of the same sex must be present, and only upon the prior approval of the Superintendent or the Assistant Superintendent, or unless the health or safety of students will be endangered by the delay which might be caused by following these procedures.

Suggested Procedures If a school official has reasonable cause to believe that contraband is present, he/she may institute a search.  Although the following procedures for a search are recommended, they are not mandated because the circumstance attendant to the need for each search may vary.  The student should ordinarily be required to be present and asked to consent to the search. 

     If after being informed of the basis for the school official’s reason to search the student does not consent and the circumstances permit, the student’s parent or guardian should be called and informed of the circumstances.

        If the parent or guardian will not consent to the search, the school official may proceed with the search, contact security, or if necessary, call law enforcement authorities.  Ordinarily, and if circumstances permit, the search of a person or his/her effects should be conducted out of the presence of other students.

Use of Canines The administration is authorized to utilize canines whose reliability and accuracy for sniffing out contraband has been established to aid in the search for contraband in school owned property and automobiles parked on school property.  Canines shall not be used to search students unless school officials have established independently that there is reasonable cause to believe the student possesses contraband on his/her person.  A qualified and authorized trainer who will be responsible for the dog’s actions must accompany the canines.  An indication by the dog that

contraband is present on school property or an automobile shall be reasonable cause for a further search by school officials.

NOTICE

      Students will be provided notice of the Policy and Administrative Procedures concerning search and seizure by having them placed in the student handbook or distributed by supplemental publication.  A copy of the Policy and Administrative Procedures will also be posted in the Principal’s office or another prominent place in each secondary school.

Seizure of Illegal Materials

       If a properly conducted search yields illegal or contraband materials, the findings shall be turned over to proper legal authorities for ultimate disposition.