Policy FGD-Student Rights and Responsibilities Interrogations and Searches
Policy FGD-Students Rights & Responsibilities: Interrogations & Searches (PDF)
Issue Date: January 17, 2018
Search and Seizure
Students shall be free from unreasonable search and seizure by school officials. School officials may search a student or a student’s property with reasonable suspicion or with the student’s consent. A search must be reasonable both in the reason for the search and the scope of the search. The authorization to search a student based on reasonable suspicion applies to all situations when the student is under the jurisdiction of the District – including all students participating in extracurricular activities and athletics, dually enrolled students, and students taking online courses, when applicable.
New Jersey v. T.L.O., 469 U.S. 325 (1985)
Jones v. Latexo, 499 F. Supp. 223 (ED. Tex. 1980)
Bellnier v. Lund, 438 F. Supp. 47 (N.D.N.Y 1977)
USBE Model Search and Seizure Policy Rev. 4/30/12
Reasonable Suspicion
“Reasonable suspicion” is a particularized and objective basis, supported by specific articulable facts, for suspecting a person of violating law or policy.
Searches of Places
Students have a limited expectation of privacy of areas such as lockers, desks, or storage areas, which are owned and jointly controlled by the school. While students may lock or otherwise secure lockers or similar storage areas from access by other students, this does not give the student an expectation of privacy with regard to school access, nor may a student lock or secure a locker or similar storage area with means that are not approved by the school. These areas may be searched on a school-wide or individual basis when the school determines there is cause to conduct such a search. In addition, the District has a reasonable and valid interest in insuring that the lockers and similar storage areas are properly maintained. For this reason, periodic inspection of lockers and similar storage areas is permissible to check for cleanliness and vandalism. Any illegal items or contraband discovered during such searches shall be confiscated by school officials and may be turned over to law enforcement officials. Student privacy regarding contents of the locker and similar storage areas, which are not contraband or in violation of law or policy will be respected.
Zamora . Pomeroy, 639 F. 662 (10th Cir. 1981);
Singleton v. Board of Educ. USD 500, 894 F. Supp. 386 (D. Kan. 1995)
The school administration regulates admission to parking lots and the parking of vehicles on District property. School administration has the right to inspect and search any vehicle possessed by a student and parked on school property if school personnel have a reasonable suspicion that drugs, weapons, dangerous illegal or prohibited matter, or stolen goods are likely to be present. School administration may ask the driver of the vehicle to open the vehicle and may inspect in the driver’s presence. If a driver fails to comply with the requests of the officials, or if an inspection turns up any of the above-mentioned evidence, the official may take reasonable measures to maintain the safety and proper control and management of the school, until police can be summoned. Searches of vehicles of staff members or visitors may be conducted by law enforcement personnel upon a reasonable suspicion that drugs, weapons, dangerous illegal or prohibited matter, or stolen goods are likely to be present in the vehicle.
USBE Model Search and Seizure Policy Rev. 4/30/12
Students have no expectation of privacy as to the District in electronic devices and/or computers owned by the District. Additionally, Students have no expectation of privacy as to the District in regards to all content, data, meta data, internet search history, and other information on a District electronic device and/or computer that is used by a student. Also, students have no expectation of privacy as to the District in regards to their internet or network use if the student is using District access to the internet or the District network. The District may search the above information on any District owned device and/or computer as it desires and deems appropriate.
JSD Student Technology Handbook 2-14-2015
Searches of Students
Searches of students' outer clothing and pockets may be conducted if reasonable cause exists. Singleton v. Board of Educ. USD 500, 894 F. Supp. 386 (D. Kan. 1995)
Doe v. Renfrow, 475 F. Supp. 1012 (N.D. Ind. 1979)
Highly intrusive invasions of a student's privacy, such as searches of the student's person or strip searches, shall be conducted only if individualized reasonable cause exists to believe that there is a legitimate safety concern due to a student’s possession of weapons or drugs. These searches must be designed to be minimally intrusive, taking into account the item for which the search is conducted.
Singleton v. Board of Educ. USD 500, 894 F. Supp. 386 (D. Kan. 1995)
Doe v. Renfrow, 631 F.2d 91 (7th Cir. 1980)
Konop v. Northwestern School Dist., 26 F. Supp.2d 1189 (D. S.D. 1998)
Police Involvement
Where school officials initiate a search and police involvement is minimal, the reasonableness standard is applicable. The ordinary warrant requirement and probable cause standard will apply where "outside" police officers initiate, or are predominantly involved in, a school search of a student or student property for police investigative purposes.
Myers v. State, 839 N.E.2d 1154 (Ind. 2005)
F.S.E. v. State, 993 P.2d 771 (Ok. Crim. App. 1999)
In Re Josue T., 989 P.2d 431 (N.M. Ct. App. 1999)
Student Consent
If the District does not have reasonable cause to search a student or his property, the District may search with the student's free and voluntary consent. However, coercion, whether express or implied, invalidates the apparent consent.
Jones v. Latexo, 499 F. Supp. 223 (E.D. Tex. 1980)
Distribution of Policy
A copy of this policy in electronic and printed form shall be made available to parents and students upon enrollment.