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Search and Seizure

The United States Supreme Court has determined that students have a legitimate expectation of privacy, which is protected by the 4th Amendment of the United States Constitution. Schools must have reasonable suspicion that the student has violated or is violating a law or school rule before conducting a search. Searches must be reasonable in scope and not excessively intrusive in relation to the nature of the suspected infraction or the student's age and sex.

  1. Student Searches

    The search of a student's person or belongings will be limited to a time when there is a reasonable suspicion to believe that the student is withholding evidence of an illegal act or violation of a school rule. The student will be given the opportunity to be present when the search of personal possessions is conducted, providing the student is in attendance and if there is no reason to believe that his/her presence would endanger his/her safety or the safety of others. Any search of a student's person will be conducted in the privacy of a school office except in an emergency where delay might endanger the welfare of other persons.


  2. Seizure of Property

    Illegal items, stolen property, evidence of commission of a crime or violation of school policy, or other possessions reasonably determined by school authorities to be a threat to the safety or security of students or others will be seized by school officials. Such items include, but are not limited to guns, other dangerous weapons, illegal drugs, and drug paraphernalia. Other items that may be used to substantially disrupt or materially interfere with the education process may be temporarily removed from the student's possession.

    Dangerous weapons, including guns, knives, metal knuckles or any other weapon, the purpose of which is to injure other persons or property, will be promptly turned over to a representative of the appropriate law enforcement agency. Parents will be notified whenever an illegal item is removed from a student's possession, unless the notification will unduly interfere with the investigation of the law enforcement agency.


  3. Use of Lockers and Desks


    1. Assignment of Lockers and Desks: Lockers and desks belong to the school district and are assigned for the convenience of students. They are to be properly cared for by students and not used for the storage of illegal or dangerous items, items prohibited by this handbook, or evidence of an illegal act or violation of a school rule.


    2. General Inspections of Lockers and Desks: A general inspection of lockers or desks may be conducted by school officials on a regular basis. Such general inspections will be announced in advance. Items belonging to the school and not appropriately in the student's possession will be seized and returned. Illegal or dangerous items, or items prohibited by this handbook, will be seized and held for appropriate disposition.


    3. Special Inspections of Individual Student Lockers or Desks: Special inspections of individual lockers or desks may be made when there is reasonable suspicion to believe that illegal or dangerous items or items that are evidence of a violation of the law or school rules are contained in them. The student will be given the opportunity to be present when the search of personal possessions is conducted, providing the student is in attendance and if there is no reason to believe that his/her presence would endanger his/her safety or the safety of others.


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Last updated: August 24, 1999
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