Policy
STUDENT INTERROGATIONS, SEARCHES
AND ARRESTS
SEARCHES, STUDENT INTERROGATIONS, AND ARRESTS
Code JIH Issued 06/04
Purpose: To establish the basic structure for conducting searches of students or their property.
Students do not lose their constitutional rights upon entering school premises. The Fourth Amendment to the United States Constitution protects all citizens, including students, from unreasonable searches.
However, students and their belongings are subject to reasonable searches and seizures when administrators have a belief considered to be reasonable under these circumstances.
· A student committed a crime or a violation of a school rule.
· Such a search will reveal contraband or evidence of a violation of a school rule or a criminal law.
Any search conducted must be reasonable in scope given the age and sex of the student and the nature of the alleged infraction.
Only the principal or his/her designee may conduct such searches within the constitutional parameters outlined above unless exigent circumstances exist that require another staff member to take immediate action for safety reasons.
The Board by this policy recognizes that both State law and the Fourth Amendment to the United
States Constitution protect citizens, including students, from unreasonable searches and seizures.
The Board accordingly directs all District personnel to conduct searches and seizures on District
property or during District sponsored events in accordance with applicable federal and State law.
The Board's express intention for this policy is to enhance security in the schools, prevent
students and other persons on school grounds from violating Board policies, school rules, and
State and federal laws, and to ensure that legitimate privacy interests and expectations are
respected consistent with the need of the District to maintain a safe environment conducive to
education.
Searches
As authorized by State law, District and school administrators and officials may conduct
reasonable searches on District property of lockers, desks, vehicles, and personal belongings such
as purses, book bags, wallets, and satchels, with or without probable cause, subject to the
limitations and requirements of this policy.
The District administration is directed to ensure compliance with S.C. Code Ann. § 59-63-1150,
which requires that administrators must receive training in the "reasonableness standard" under
existing law and in District procedures regarding searches. The District administration is further
authorized and directed to establish procedures to be followed in conducting searches. The
Board further directs the District administration to ensure that notice is posted in compliance
with S.C. Code Ann. § 59-63-1160 advising that any person entering the premises of any school
in the District shall be deemed to have consented to a reasonable search of his or her person and
effects.
All searches must comply fully with the "reasonableness standard" set forth in New Jersey v.
T.L.O., 469 U.S. 328 (1985). This reasonableness standard recognizes that balancing the privacy
interests of students with the substantial need of teachers and administrators to maintain order in
the schools does not require that searches be based on probable cause to believe that the subject
of the search has violated or is violating the law. Rather, the appropriateness of a search depends
on the reasonableness, under all the circumstances, of the search. Determining the
reasonableness of any search shall involve a two-fold inquiry. First, a District or school
administrator or official must determine that the search is justified at its inception, and second,
that the scope and conduct of the search is reasonably related to the circumstances justifying the
search at its inception. In other words, all searches hereunder must be determined to: (1) have
reasonable grounds for suspecting that the search will disclose evidence the student, or other
person, has violated or is violating either the law or the rules of the District or school; and (2) be
limited in scope and conduct to the extent that the measures utilized to carry out the search are
reasonably related to the objectives of the search and not excessively intrusive in light of the age
and sex of the person searched and the nature of the suspected infraction of the law or District or
school rules.
The Board further prohibits any District employee, including District administrators and officials,
from conducting a strip search.
Searches involving the use of metal detectors shall be conducted in accordance with the
procedures outlined in Policy JIHC (Draft) and Administrative Rule JIHC-R (Draft).
School lockers and desks
All lockers are the property of the school district. School officials may conduct searches of lockers in accordance with publicized administrative rules.
Motor vehicles
The privilege of bringing a student-operated motor vehicle onto school premises is conditioned on consent by the student driver to allow a search of that motor vehicle when there is reasonable suspicion for a search of that motor vehicle. School officials may conduct searches of motor vehicles in accordance with publicized administrative rules.
Interrogations by school personnel
Teachers and principals may question students about any matter pertaining to the operation of a school and/or enforcement of its rules. The staff member will conduct the questioning discreetly and under circumstances that will avoid unnecessary embarrassment to the person being questioned. Any student who answers falsely or evasively or who refuses to answer a proper question may be disciplined.
Interrogations by school personnel and school resource officers
Administrators and teachers, as well as school resource officers, may question students about any
matter pertaining to the operation of a school and/or enforcement of its rules. The questioning
shall be conducted discreetly and under circumstances which will avoid, to the extent practical
under the circumstances, unnecessary embarrassment to the person being questioned. School
resource officers shall act consistently with law enforcement guidelines should any routine
questioning turn into a criminal investigation. Any student who answers falsely or evasively or
who refuses to answer an appropriate question may be disciplined.
Interrogations by police
When law enforcement officers find it necessary to question students during the school day, the school principal or his/her designee will be present. The police will conduct the questioning in the principal's office with the principal or his/her designee present. The principal or his/her designee will attempt to contact the parent or legal guardian and request his/her attendance.
If police intend to take a student into custody or arrest a student, they must present an official warrant. The principal will assist the law enforcement officer in assuring that all procedural safeguards as prescribed by law are observed.
Interrogations by law enforcement
When law enforcement officers find it necessary to question a student during the school day
regarding matters not connected to the school, the principal or his/her designee shall cooperate
with law enforcement and shall request to be present, so long as his/her presence does not impede
the investigation. The principal or his/her designee should make a reasonable attempt to contact
the student's parent/legal guardian and request his/her presence. Should this attempt fail, the
principal or his/her designee shall continue to make a reasonable attempt to notify the student's
parent/guardian that law enforcement questioning took place on school grounds. However,
school officials shall not act in such a manner which will interfere with an ongoing law
enforcement investigation. Additionally, normal visitor's protocol must be followed by law
enforcement officials at all times. Interrogations of students by law enforcement officials should
generally take place in a private area, whether or not the principal or his/her designee is present.
Contacting law enforcement
School administrators will contact law enforcement authorities immediately upon notice that a person is engaging in, or has engaged in, certain activities on school property or at a school sanctioned or sponsored activity. Those activities are ones that may result, or do in fact result, in injury or serious threat of injury to the person or to another person or his/her property.
Contacting law enforcement
As required by S.C. Code Arm. § 59-24-60, school administrators shall contact law enforcement
immediately upon notice that a person is engaging or has engaged in activities on school property
or at a school sanctioned or sponsored activity, which may result, or results in, injury or serious
threat of injury to the person, another person, or his/her property. Such reportable activities or
conduct may include, but are not limited to, the examples of criminal conduct referenced in Level
III of Board Policy JICDA-R and Administrative Rule JICDA-R.
The Board recognizes that, when law enforcement authorities are contacted pursuant to S.C.
Code Ann. § 59-24-60, the law enforcement authorities must make the determination whether
they will conduct an investigation into the matter. If the law enforcement authorities determine
an investigation is appropriate, school officials will make reasonable efforts to discuss the scope
and methods of the investigation with the law enforcement authorities as they affect school
operations in an effort to minimize any disruption to the school and its students.
School officials may contact law enforcement authorities for assistance in addressing concerns
other than those which must be reported pursuant to § 59-24-60. In such circumstances, the
principal or his/her designee shall confer with the Superintendent or his/her designee prior to
involving law enforcement authorities, other than a school resource officer. The Superintendent
or his/her designee shall consult with appropriate school officials and law enforcement
authorities to determine that the proposed involvement and methods of law enforcement are
reasonable, consistent with this policy, and will have a minimally disruptive effect on school
operations and student rights.
Custody or arrest
Law enforcement authorities have the right to enter the school to take a student into custody or to
make a lawful arrest of a student provided that they act pursuant to lawful procedure. If a student
is arrested or taken into custody at school, school officials will make a reasonable effort to notify
the parents/legal guardians immediately.
Adopted 7/23/79; Revised 5/28/90, 06/28/04
__________________________________________________________________
Legal references:
A. U. S. Supreme Court Cases:
1. New Jersey v. T.L.O.. --U.S.--, 105 S. Ct. 733 (l985).
B. United States Constitution, Fourth Amendment.
C. South Carolina Constitution:
1. Article I, Section 10.
D. S.C. Code, 1976, as amended:
1. Section 59-5-65 Minimum standards for student conduct, attendance and scholastic achievement; enforcement.
2. Section 59-24-60 - Requires administrators to contact law enforcement.
3. Section 59-63-1110 et seq. - Search of persons and effects on school property.
4. Section 20-7-7205 - Requires law enforcement to notify principal of child’s school for certain offenses; confidentiality of information.
E. S. C. Acts and Joint Resolutions:
1. 1994 Act #393, p. 4097 - Allows searches.
Administrative Rule
SEARCHES, STUDENT INTERROGATIONS, AND ARRESTS
Code JIH-R Draft 09-2009
In order to recognize and protect student rights and expectations to privacy, safety, and an
educational environment conducive to learning, as well as to enhance security in schools and prevent students from violating Board policies, school rules, and federal and State laws, District officials, including principals and their designees, are authorized to conduct reasonable searches according to the procedures outlined herein and in Board policy JIH.
If a search yields evidence that a Board policy, school rule, or federal or State law has been violated, appropriate disciplinary action shall be taken, and in cases where the evidence suggests conduct which must be reported to law enforcement under S.C. Code Ann. § 59-24-60, the appropriate law enforcement authorities shall be immediately notified.
Document JIH-E(2), Checklist For Student Interrogations, Search and Arrest may be used as a checklist for administrators who are considering conducting a search of a student or the student's effects, locker, desk or motor vehicle.
For all searches of a person, a vehicle, a locker, or of property, there must be an adult witness with the administrator.
Searches of a person or a person's belongings or effects
Procedures for searching a person or a person's belongings must be reasonable. A reasonable search is one which is both based on a reasonable suspicion and is reasonably related in scope. For reasonable suspicion to exist, school officials conducting a search must be able to articulate why, based on all the circumstances, they objectively and reasonably suspect the search of me person or personal property is likely to yield evidence of a violation of law or District or school rules. In formulating a reasonable suspicion, a school official may rely on information he or she considers reliable, including reports from students, as well as the official's own observations, knowledge, and experience; however, a mere hunch or guess that a search will uncover evidence of a violation of law or District or school rules is insufficient to justify a search.
Additionally, the search must be reasonable in its method and scope. A search must be earned out in such a manner that it targets the object of the search or the suspected evidence of a violation of law or District or school rules. The proper scope of me search is a case by case determination and is generally limited to the places in which it is reasonably suspected that me object of the search may be found. A search may be as extensive as is reasonably required to locate the object(s) of the search and may extend to all areas, containers, and personal effects in which the object of the search may be found. In addition, when determining the reasonableness of the scope and manner of search, the school officials must take into account the age, sex, and other special circumstances concerning the object of the search and the person involved, as well as the nature of the suspected infraction. Should the school official determine that a pat-down search is necessary, the school official, who must be the same sex as the person searched, shall escort the person to a private area to conduct the pat-down search. A witness must be present during all such searches. If a student refuses to comply, the student's parent/guardian and/or the police will be contacted. Under no circumstances, however, is a strip search by a school official permitted.
Searches of lockers, desks, and other school property
The District provides lockers, desks, and other school property to students for their use. Because the District retains ownership of this properly, school officials may conduct searches of such property, including random and unannounced searches, with or without reasonable suspicion, when such search is determined by school officials to be otherwise reasonable in light of the needs of the school. However, objects belonging to students contained in such school property shall not be opened or searched except as provided in the section above. Students shall be notified expressly in writing in the student handbook that such school property may be searched at any time. In conducting searches of school property, student property shall be respected and not damaged.
Searches of vehicles on school property
Students are permitted to park on school premises as a matter of privilege, not of right.
Accordingly, all students desiring to park their vehicles on school premises must first obtain a parking permit from the designated school administrator, m order to obtain a parking permit, the student must sign a form acknowledging that he/she understands and agrees to the terms regarding the use of parking lots set forth below. Vehicles which do not have a permit in plain view are subject to being towed at the student's expense.
Because parking on school premises is a privilege, the school retains authority to conduct routine inspections of the exterior of vehicles parked on school property at any time. In conducting an inspection of the exterior of a vehicle, school officials may observe those things inside vehicles which are in plain view.
The interiors of student vehicles, including such things as trunks, glove compartments, and personal belongings within a vehicle, may be searched whenever a school official has reason to believe a student is violating Board policies, school rules or federal or State law, as described in the "reasonableness standard" set forth in the section above. When a school official needs to gain access to the interior of a vehicle parked on school premises, for purposes of conducting a search in compliance with the "reasonableness standard," he/she shall first ask the student to provide access. If a student refuses to provide the school official with access to the interior of his/her vehicle, he/she
may be subject to disciplinary action, including loss of all parking privileges, and the possible towing of me vehicle at the student's expense.
Use of trained dogs
The exposure of student containers, packages, lockers, vehicles, desks, book bags, satchels, and other similar personal belongings to a reliable and trained "dog sniff," when not in a student's possession, in most circumstances is neither a search nor a seizure. This is so because a dog sniff of the above items only does not expose non-contraband items into view and discloses only the presence or absence of contraband. Sniffing of an individual by trained dogs, however, may constitute a search, and their use on school property may be disruptive and threatening to students and school personnel.
Accordingly, school officials shall only utilize trained dogs on District property under the following circumstances:
• Only trained and proven reliable dogs may be utilized on school grounds;
• Dogs shall be under the control, direction, and supervision of a trained dog handler and shall be on a leash or subject to appropriate restraint at all times;
• Dogs shall only be utilized when determined to be reasonable under all the circumstances by me school principal or his/her designee;
• Dogs shall not sniff an individual unless determined to be reasonable in all respects under Section A above; however, actual physical contact between dogs and individuals should be avoided.
In all circumstances, school officials shall make reasonable efforts to minimize the exposure of students to dogs. Should a dog alert its handler to the presence of any contraband, school officials may conduct a search in accordance with the procedures set forth in the section above.
A Canine Search Document (JIH-E(l)} must be completed and sent to the Office of Student Services within 48 hours of the search being completed.
CANINE SEARCH REPORT
The form will be completed each time the drug dog is used on property of Rock Hill Schools of York County District Three for the purpose of detecting the presence of drugs. This form must be sent by courier or mail to The Office of Student Services. If drugs are found on the school property, it should be reported immediately by phone to the Office of Student Services in addition to the submission on this form.
Date dog was used on school property _
Time dog was on the property _____
Name of principal or assistant principal who accompanied the dog handler during the search
Brief report of any significant incidents related to this search for drugs __
School Date
CHECKLIST FOR STUDENT INTERROGATIONS, SEARCHES, AND ARRESTS
The following exhibit may be used as a checklist for administrators who are considering
conducting a search of a student or the student's effects, locker, desk or motor vehicle.
• What factors cause you to have a reasonable suspicion that the search of this student or his/her effects, locker or automobile will turn up evidence that the student has violated or is violating the law or the rules of the school?
- Eyewitness account
- by whom
- date/time
- place
- what was seen
- Information from a reliable source
- time received
- how information was received
- who received information
- factors that make source reliable
- description of information
- suspicious behavior (explain)
• There must be an adult witness with the administrator when the search takes place. Write the witness' name on the written documentation.
• Note time of search.
• Describe location of search.
• Was student told purpose of search?
• Was consent requested?
• Was consent given?
• Was the search you conducted reasonable in terms of scope and intrusiveness?
- What are you searching for?
- Note sex of the student.
- Note age of the student.
- Describe exigency of the situation.
- What type of search is being conducted?
- Who is conducting the search (include name, position, sex)?
• Explanation of search
- Describe the time and location of the search.
- Describe exactly what was searched.
- What did the search yield?
- What was seized?
- Were any materials turned over to the police?
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