Policy

STUDENT INTERROGATIONS, SEARCHES

AND ARRESTS

Code JIH Issued 09/15/03

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. Trained dogs supervised by certified personnel may be used for reasonable searches.

· 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.

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 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.

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.

Specifically, the actions that will result in the immediate contact of law enforcement include, but are not limited to those infractions listed in the Students’ Rights and Responsibilities Handbook.

Adopted 7/1/78; Revised 09/15/03

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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.