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Article 59 - Search & Seizure
| Section 59.1 | Purpose |
| Section 59.2 | Reasonable Expectations of Privacy; Rights of District |
| Section 59.3 | Use of Dogs to Detect Drugs |
| Section 59.4 | Reasonable Suspicion Defined |
| Section 59.5 | Search Based Upon Reasonable Suspicion of Criminal Activity |
| Section 59.6 | Search Based Upon Reasonable Suspicion of Violation of School Rule/Policy |
| Section 59.7 | Pat-down Search Authorized In Limited Circumstances |
Article 59
SEARCH & SEIZURE
Adopted 02/19/03
The purpose of this policy is to provide guidance to District officials regarding lawful search and seizure of persons and property on school grounds.
Section 59.2 Reasonable Expectations of Privacy; Rights of District
(A) Except as may be otherwise provided by law, a “reasonable expectation of privacy” exists for:
(1) student backpacks, purses, gym bags, and other such containers owned by the student,
(2) the desk and file cabinets exclusively used by an employee,
(3) privately owned motor vehicles lawfully on school property, and
(4) such other items of personal property for which the law provides for a reasonable expectation of privacy.
(B) No reasonable expectation of privacy exists with regard to lockers or desks provided to students, or to District computers made available to and/or used by students or staff. The District retains the right to access student lockers and/or desks, and District computers, at any time; and may designate District employees and/or law enforcement authorities to access the same.
Section 59.3 Use of Dogs to Detect Drugs
The District retains the right to, and may in its discretion, allow or permit law enforcement officers to use drug-sniffing dogs in or upon school property, including but not limited to student lockers and private vehicles on school property.
Section 59.4 Reasonable Suspicion Defined
For the purposes of this article, “reasonable suspicion” shall mean a well-founded suspicion, based upon objective facts which can be articulated, that:
(A) activity constituting a crime or a violation of school policies/rules has been or is being committed,
(B) a particular employee or student engaged in or is engaging in such activity,
(C) evidence of the suspected crime or school policy/rule violation is likely to exist, and
(D) physical evidence would likely be found on school property in a particular place associated with the employee or student suspected of committing the crime or school policy/rule violation.
Section 59.5 Search Based Upon Reasonable Suspicion of Criminal Activity
Except in the limited circumstances provided in section 59.7, when reasonable suspicion exists that activity constituting a crime has been or is being committed no search of the person or personal property of a student or employee shall be performed by any District official; and the following procedure shall be complied with:
(A) the student or employee shall be
(1) escorted to a District office, and
(2) placed in a location where they are isolated, and
(3) kept under constant surveillance; and
(B) the District shall contact
(1) law enforcement officials, and
(2) if a student is involved, at least one of the student’s parents or persons legally responsible for the student’s care; and
(C) upon arrival of law enforcement officials, turn the matter over to such officials; and
(D) cooperate fully with such law enforcement officials.
When reasonable suspicion exists that activity constituting a violation of a school policy or rule, but not constituting a crime, has been or is being committed, no search of the person or personal property of a student or employee shall be performed by any District official; and the following procedure shall be complied with:
(A) the student or employee shall be
(1) escorted to a District office, and
(2) placed in a location where they are isolated, and
(3) kept under constant surveillance; and
(B) the District shall contact
(1) the School Attorney, and
(2) comply with the instructions of the School Attorney; and
(C) if a student is involved,
(1) contact at least one of the student’s parents or persons legally responsible for the student’s care; and
(2) upon arrival of one or both of the student’s parents or persons responsible for the student’s care, advise them of the situation and request their cooperation and consent to resolve the matter, including but not limited to having such parent(s) or person(s) conduct a search of the student’s person or property.
Section 59.7 Pat-down Search Authorized In Limited Circumstances
A pat down search of a student or employee, and/or of a student’s or employee’s backpack, coat or bag, may be conducted by the Superintendent or a building principal only where the following conditions are met:
(A) reasonable suspicion exists that activity constituting a crime has been or is being committed; and
(B) there is insufficient time to contact law enforcement officials to conduct a search for reasons such as, but not limited to, imminent danger to life or property, possible destruction of evidence, or flight by the student or employee; and
(C) the search is performed by a person of the same sex as the student or employee; and
(D) the search is conducted in the presence a witness of the same sex as the student or employee.