|
Littleton Public Schools Policy |
|
Policy Code JIH Policy Name Student Interrogations and Searches Adoption May 2, 1995 Revised June 23, 2011 |
The Board of Education seeks to maintain a climate in the schools which is conducive to learning and protective of the safety and welfare of staff and students. To achieve this goal, it may be necessary for school personnel to search the person and/or the personal property of the student and to seize any property deemed injurious or detrimental to the safety and welfare of students and staff.
Definitions
“Reasonable suspicion” is the standard for a search on school property or at school activities carried out by school authorities. Reasonable suspicion should be based on facts provided by a reliable informant or personal observation which cause the school official to believe, based on his/her own experience, that search of a particular person, place, or thing would lead to the discovery of evidence of a violation of Board of Education policy or state laws. Reasonable suspicion requires more than a mere hunch.
“Contraband” consists of all substances or materials prohibited by Board of Education policy, state law, or school rules including, but not limited to drugs, alcoholic beverages, guns, knives, other weapons, and incendiary devices.
Interviews by School Administrators
When a violation of Board policy or school rules occurs, the principal or designee may question potential student victims and witnesses without prior consent of the student’s parent, guardian, or legal custodian. If a school official is investigating a report of child abuse and the suspected perpetrator is a member of the student’s family, no contact with the student’s family will be made.
Interrogations by School Administrators
In situations where a student is suspected of violating Board policies or school rules, the principal or designee may interrogate the suspected student if the school official has a reasonable suspicion that such a violation has occurred. The nature and extent of the questioning must be reasonably related to the objectives of the questioning. The student will have the opportunity to present his or her side of the story, orally or in writing. Parental consent is unnecessary unless the suspected violation is one that requires mandatory expulsion under C.R.S. 22-33-106 (1)(d) (for example, dangerous weapons, sale of drug or controlled substance, robbery or serious assaults) in which case the statement also must be in writing and signed by the student.
Searches
Except as provided below, searches within the school or on school grounds will be authorized when there is reasonable suspicion that the search of a particular person, place, or thing would lead to the discovery of contraband or other evidence of prohibited activity; e.g., firearms, knives, drugs, alcohol, explosives, etc.
Any search conducted by a school official shall respect the privacy of the student and not be any more intrusive than necessary. Whenever possible, the student shall be informed of the reason(s) for conducting the search. A student’s failure to cooperate with school officials conducting the search shall be considered grounds for disciplinary action.
An administrative report shall be prepared by the school official conducting a search explaining the reasons for the search, the results, and the names of any witnesses. If the search produces evidence to be used as the basis for disciplinary action, the information shall be entered into the disciplinary record for that student.
Locker/Desk/Storage Area Searches
All lockers, desks, and other storage areas provided for student use on school premises remain the property of the District and are provided for the use of the students subject to inspection, access for maintenance, and searches, including “canine sniff searches,” with or without reasonable suspicion, pursuant to this policy. Therefore, no student has a reasonable expectation of privacy in and to the lockers, desks, and other storage areas made available to the students. No student shall lock or otherwise impede access to any locker, desk, or storage area except with a lock provided by or approved by the principal of the school in which the locker, desk, or storage area is located. Unapproved locks shall be removed and destroyed.
A principal, or designee, may authorize a general search at any time of all, a portion of, or selected lockers, desks, or other storage areas as a matter of course, with or without reasonable suspicion that the search will result in the discovery of prohibited items and without notice to the student or students. The principal, or designee, may utilize canines in locker, desk, or storage area searches, with or without reasonable suspicion. Canines will not be utilized for searches of individual students, their personal items, or in classrooms where there are students in a class.
Personal Searches
The principal, or another member of the administrative staff, may authorize the search of the person of a student if there is reasonable suspicion for search of that student. The parent, guardian, or legal custodian of any student searched under this provision shall be notified of the search as soon as reasonably possible. Searches of the person of a student shall be limited to searches of the clothing of the student.
Searches of the person shall be conducted out of the presence of other students and as privately as possible. At least one but not more than three additional persons of the same sex as the student being searched shall witness but not participate in the search.
Objects in the Student’s Possession
The principal, or another member of the administrative staff, may authorize the search of any object in a student’s possession if there is a reasonable suspicion for search of the object. Objects include, but are not limited to, backpacks, briefcases, purses, personal computers, cell phones, messaging devices, digital storage devices, personal digital assistants (PDA), and cameras. At least one additional person shall witness but not participate in the search. If the search results in evidence of a violation of Board policy or state laws, the object may be confiscated and kept in a safe place at the school until disposition of any charges against the student or as otherwise required by law.
Motor Vehicle Searches
Students, by virtue of having the privilege of parking a motor vehicle on school property, are deemed to have given prior consent for search of a motor vehicle that has been brought by the student onto the school premises. The principal, or member of the administrative staff, may authorize a search of a motor vehicle on school premises, if there is reasonable suspicion that the search will result in the discovery of contraband. The principal, or designee, may utilize canines to sniff student motor vehicles on school premises, with or without reasonable suspicion that the search will result in the discovery of prohibited items. A positive alert by a canine shall be deemed reasonable suspicion to search the motor vehicle in question.
Law Enforcement Officers’ Involvement
The principal or his/her designee may request a search on school premises be conducted by a law enforcement officer. When law enforcement authorities are involved in the search, the search will be conducted under criminal law standards rather than under the provisions of this policy.
When law enforcement officers respond to such a request, no school employee shall assist or otherwise participate in the search unless under the direct order of the law enforcement officer.
If law enforcement personnel seek permission from school authorities to search a student, his/her property, or school property to obtain evidence related to criminal activities, school officials shall require the police to produce a valid search warrant before the search is conducted unless:
There is uncoerced consent by the student, or
There is probable cause and circumstances such that taking the time to obtain a search warrant would frustrate the purpose of the search, or
The search is incidental to an arrest and is limited to the person and his/her immediate surroundings.
When law enforcement officials request permission to question students when students are in school or participating in school activities, the principal or his/her designee shall be present unless a court order provides otherwise. Students are entitled to the guidance, assistance, and protection of their parent, guardian, or legal custodian when they are under suspicion of having committed misdemeanors or crimes at times or places outside the jurisdiction of the school’s authority. Upon request by law enforcement to interview a student witness or interrogate a student suspect, school officials shall notify the student’s parent, guardian, or legal custodian, except in cases involving investigation of reported child abuse where the suspected perpetrator is a member of the student’s family, when law enforcement has a court order directing that the student’s parent, guardian, or legal custodian not be notified, or when an emergency or other urgent circumstances exist. If the student is under 18, his/her parent, guardian, or legal custodian also shall be present unless the juvenile is emancipated as that term is defined in state law, the student’s parent, guardian, or legal custodian has not been notified pursuant to this policy or the student’s parent, guardian, or legal custodian agrees to the interrogation or interview without being present.
Every effort shall be made not to draw any attention to the student being questioned by conducting the interrogation in private and with as little disruption to the schedule as possible.
When custody and/or arrest by the police is involved, the principal may request that all procedural safeguards as prescribed by law be observed by the law enforcement officers. This includes all due process procedures, including, but not limited to, obtaining proper arrest warrants when required. When a student is removed from school by the law enforcement officer for any reason, school officials will make reasonable efforts to notify the student’s parent, guardian, or legal custodian, except in cases involving reported child abuse where the suspected perpetrator is a member of the student’s family, when law enforcement has a court order directing that the student’s parent, guardian, or legal custodian not be notified, or when an emergency or other urgent circumstances exist.
School Relations With Investigators in Civil Matters
When an investigator in a civil case wishes to interrogate a student at the school, the principal or principal’s designee shall contact the parent, guardian, or legal custodian of the student to secure permission prior to any questioning being allowed.
Custody of Evidence
Anything found in the course of a search conducted in accordance with this section which is evidence of a violation of law, Board of Education policy, or school rules or which by its presence presents an immediate danger of physical harm may be:
Seized, tested, and/or admitted as evidence in any suspension or expulsion proceeding. If testing of a substance by a District administrator, or designee, has shown it to be alcohol, marijuana, or other controlled substances, or if the substance has been turned over to a law enforcement agency, written documentation of the identification of the substance will be maintained. This documentation will be introduced, as may be necessary, in any suspension or expulsion proceeding. In addition, the law enforcement agency will be requested to retain the evidence for three years.
Returned, upon request, to the parent, guardian, or legal custodian of the student from whom it was seized. Such shall take place only after a conference with the parent, guardian, or legal custodian and after the end of the current school year if the evidence is not in the custody of a law enforcement agency.
Appeals
Within ten school days after a search, the student may appeal the search decision to the Superintendent or designee who shall investigate the reason(s) and circumstances of the search. The Superintendent or designee shall issue written findings within five school days after receiving the appeal.
Legal Reference: C.R.S. 19.2-511 et seq.
C.R.S. 22-32-109.1(2)(a)(VIII)