5480: Search and Seizure5480: Search and Seizure holly Thu, 07/11/2019 - 13:55
Certificated staff members are permitted to search students or students' possessions whenever there is a reasonable suspicion that the student has in the student's possession illegal, or dangerous objects or substances, or any other objects or substances the possession of which is contrary to District policy or governing law, or when necessary for the welfare and well-being of students, the protection of District property, or the administration of District policy.
5480.1: Search and Seizure5480.1: Search and Seizure holly Thu, 07/11/2019 - 14:00
I. General Statement
Certificated staff are authorized to conduct searches of a student's person, clothing, automobile, and property under a student's control including, but not limited to, purses, handbags, book bags, and briefcases. Certificated staff are also authorized to search student lockers. Certificated staff may take into custody any objects or substances that are illegal under federal or state law, or in violation of District policy or rule.
II. Procedures for Non-District Property
The following procedures shall be followed with respect to searches and seizures under this Rule:
A. Reasonable Searches Permitted.
1. Searches of non-District property are to be conducted at such times and places as are reasonable under the circumstances. The scope of the search shall likewise be reasonable.
2. Searches can be made under this Rule at any place on District property, at a District event, or at a place under District control or sponsorship.
B. Person, Clothing, Automobiles, Personal Possessions, and Field Trips.
1. A search of a student's person, clothing, automobile, personal property or possessions will only be made if there is reasonable cause to believe that the student has possession or control of dangerous objects or substances that are illegal under federal or state law, or in violation of District policy or rule.
2. A search of the person, clothing, automobile, personal property or possessions shall be made, whenever practicable, by two certificated staff members. When the search is made of the student's person, the search shall be conducted only by staff members of the same sex as the student being searched.
3. Prior to leaving on a field trip or other off-campus activity sponsored or participated in by the District, the District may search any baggage, purses, or other containers in the possession of or under the control of a District student participating in the field trip or other off-campus activity. In addition, students may be subjected to alcohol and other drug screening and testing technology pursuant to District Policy 5490 and Rule 5490.1.
III. District Property
Student Lockers. Student lockers are the exclusive property of the District and the District does not relinquish its control and ownership of lockers by making them available for students. Student lockers are provided to students only for student convenience, and this privilege may be withdrawn by the District at any time. The search and inspection of lockers and the taking into custody of objects or substances which are illegal, dangerous or in violation of District policy or rule may be conducted at any time by certificated staff without notice and without student consent. Whenever practicable, two certificated staff members shall be present at the time locker searches are conducted.
IV. Alcohol and other Drug Screening and Testing Technology
Students may be subjected to alcohol and other drug screening and testing technology pursuant to District Policy 5490 and Rule 5490.1.
V. Enforcement of this Rule
The refusal by a student to consent to or permit a search, or the refusal to surrender objects or substances which are illegal or violate District policy or rule, may subject such student to suspension, expulsion, or other disciplinary action.
VI. Law Enforcement Authorities
Police officers and other law enforcement authorities shall be permitted to conduct a search of a student, the student's clothing, and the student's possessions and property on District property, at a District event, or at a place under District control whenever such officers or authorities:
A. Possess a judicial order providing for the same;
B. Are otherwise authorized by law to make a search; or
C. Exigent circumstances exist.
D. Neither school officials nor staff members shall participate directly or indirectly in any search or actions relating thereto conducted by a police officer or law enforcement official.
5480.2: Searches by Drug Detection Dogs5480.2: Searches by Drug Detection Dogs holly Thu, 07/11/2019 - 14:03
The District shall use trained drug detection dogs to detect illegal drugs or contraband on school property. The purpose of the District's use of drug detection dogs is to respond to the problem of illegal drugs and contraband on school property, and to maintain a safe school environment conducive to learning.
II. Types of Searches
A. Search of Property. Drug detection dogs may be used to sniff the air in or around vacant classrooms, vacant common areas, student lockers, and automobiles parked on school property. If the dog alerts to a particular locker, car, and/or an object(s) in a vacant classroom or other vacant common areas, it may be searched. If the dog alerts to a student's car, the student will be asked to unlock the car doors and trunk for an internal inspection. If the student refuses to unlock the car or trunk, the student's parents or guardian shall be notified of the student's refusal.
B. Search of Students. Drug detection dogs will not be used for random sweep searches of students, and will only be allowed to sniff an individual student if there is sufficient cause to believe that the student possesses illegal drugs or other contraband. If sufficient cause exists and the drug detection dog alerts to a student suspected of having illegal drugs or contraband, the student's outer garments and/or purse or personal belongings shall be subject to search. If a pat search is necessary, it will be conducted by someone of the same sex as the suspected student.
III. Notice of Use of Sniffer Dogs
District students and their parents or guardian will be notified annually of the District's use of drug detection dogs. The notice will include the following information:
A. That the District may use drug detection dogs to detect illegal drugs and/or contraband at any time, announced or unannounced.
B. That lockers remain under the jurisdiction of the District, and that although lockers are used by students during the school year, lockers are owned by the District and are subject to a drug detection dog search at any time. That illegal objects or substances found in lockers may be seized.
C. That all cars parked on school property shall be subject to a drug detection dog search at any time, and that illegal objects or substances may be seized.
D. That students shall be subject to a drug detection dog search if there is sufficient cause to believe that a student possesses illegal drugs or contraband.
E. That classrooms and all common areas are subject to a drug detection dog search at any time whenever students are not present.
F. That if any illegal drugs or contraband are found on a student's person, or in his/her automobile, locker, or any other place on school property that the student has placed illegal drugs or contraband, the student may be subject to appropriate disciplinary action, including suspension or expulsion.
G. That students' parent(s) or guardian(s) shall be notified if illegal drugs or contraband are discovered.
IV. Disciplinary Action
Students who are found to be in violation of this Rule shall be subject to appropriate disciplinary action, including short-term suspension, emergency exclusion, long-term suspension, mandatory reassignment, expulsion, and/or curtailment from extracurricular activities.
A. Alerts to shall mean an indication by the drug detection dog that the odor of an illegal drug or contraband is in the air or upon a student.
B. Contraband shall mean all items prohibited by federal, state, or local law, or by District policy or Rule from being brought onto school property including, but not limited to, drug paraphernalia as defined in District Rule 5410.1, guns, and knives.
C. Illegal drugs shall mean those substances defined in District Rule 5410.1 under Section III (B) (2) "Mood or behavior affecting substances", and any other drug which is illegal according to federal, state or local law.
D. Outer garments shall mean all clothing except the student's undergarments.
E. Sufficient cause shall mean "reasonable cause" in the event the search is conducted by certificated staff of the District or its authorized agent, or "probable cause" if the search is conducted by police officers or other law enforcement authorities.