5771 Search and Seizure
5771 - SEARCH AND SEIZURE
Pursuant to Board of Education Policy 5771, the following guidelines shall be used when school administrators have reason to suspect that an illegal or dangerous substance or object or stolen property may be in the possession of a student:
Pursuant to Board of Education Policy 5771, the following guidelines shall be used when school administrators have reason to suspect that an illegal or dangerous substance or object or stolen property may be in the possession of a student:
A. All requests or suggestions for the search of a student or his/her possessions shall be directed to the District Administrator or the person in charge of the students while out of the District.
B. Wherever possible, before conducting the search, the District Administrator shall notify the student, request his/her consent to the inspection if other than his/her locker, and inform the student that s/he may withhold consent. Such consent, if offered, shall be given voluntarily and with the knowledge that it could have been withheld. The District Administrator shall conduct the search, however, with or without the consent.
C. Wherever possible, an adult third party shall be present at any search of a student or his/her possessions.
D. The District Administrator may conduct a student search upon reasonable suspicion to suspect the presence of an illegal or dangerous substance or object, or anything contraband under school rules.
E. The District Administrator shall be responsible for the custody, control, and disposition of any illegal or dangerous substance or object taken from a student, whether during a student search or otherwise.
F. Wherever possible, the student shall be present at any search of his/her possessions.
G. The District Administrator shall be responsible for the prompt recording of each student search. The record shall be in writing and shall include the reasons for the search, the persons present, the objects found, and the disposition made of them, and shall be kept in a secure location in his/her office.
H. Whenever the search is prompted by the reasonable suspicion that possession of a substance or object immediately threatens the safety and health of the student or others, the District Administrator shall act with as much speed and dispatch as is required to protect persons and property in the school while keeping clearly in mind the student's rights and the potential consequences of inappropriate or hasty action.
Reasonable Suspicion
As used in this section, "reasonable suspicion for a search" means grounds sufficient to cause an adult of normal intellect to believe that the search of a particular person, place, or thing will lead to the discovery of evidence that the student:
B. Wherever possible, before conducting the search, the District Administrator shall notify the student, request his/her consent to the inspection if other than his/her locker, and inform the student that s/he may withhold consent. Such consent, if offered, shall be given voluntarily and with the knowledge that it could have been withheld. The District Administrator shall conduct the search, however, with or without the consent.
C. Wherever possible, an adult third party shall be present at any search of a student or his/her possessions.
D. The District Administrator may conduct a student search upon reasonable suspicion to suspect the presence of an illegal or dangerous substance or object, or anything contraband under school rules.
E. The District Administrator shall be responsible for the custody, control, and disposition of any illegal or dangerous substance or object taken from a student, whether during a student search or otherwise.
F. Wherever possible, the student shall be present at any search of his/her possessions.
G. The District Administrator shall be responsible for the prompt recording of each student search. The record shall be in writing and shall include the reasons for the search, the persons present, the objects found, and the disposition made of them, and shall be kept in a secure location in his/her office.
H. Whenever the search is prompted by the reasonable suspicion that possession of a substance or object immediately threatens the safety and health of the student or others, the District Administrator shall act with as much speed and dispatch as is required to protect persons and property in the school while keeping clearly in mind the student's rights and the potential consequences of inappropriate or hasty action.
Reasonable Suspicion
As used in this section, "reasonable suspicion for a search" means grounds sufficient to cause an adult of normal intellect to believe that the search of a particular person, place, or thing will lead to the discovery of evidence that the student:
A. has violated or is violating a rule or behavioral norm contained in the student handbook;
B. has violated or is violating a particular law;
C. possesses an item or substance which presents an immediate danger of physical harm or illness to students and staff or District property.
Lockers and Other Storage Areas Provided for Student Use
B. has violated or is violating a particular law;
C. possesses an item or substance which presents an immediate danger of physical harm or illness to students and staff or District property.
Lockers and Other Storage Areas Provided for Student Use
A. All lockers and other storage areas provided for student use remain the property of the District. These lockers and storage areas are subject to inspection, access for maintenance, and search pursuant to these guidelines. A student using the locker or storage area has, by statute, no expectation of privacy in that locker or storage area or the contents contained therein (See Form 5771 F1). No student shall lock or otherwise impede access to any locker or storage area except with a lock provided by or approved by the District Administrator. Unapproved locks will be removed and destroyed.
B. The District Administrator may search student lockers and storage areas and the contents contained therein at any time for any justifiable reason.
C. The District Administrator may, at any time, request assistance of the law enforcement having jurisdiction over the facilities of the District. The law enforcement officer must have probable cause, however, to conduct a search of the lockers and storage areas and the contents contained therein.
Desks and Other Storage Areas
A desk or any other storage area in the school provided for student use as well as the contents contained therein, may be searched when the District Administrator has reasonable suspicion for a search.
Vehicles
Searches of vehicles of staff members or visitors shall be conducted by law enforcement personnel.
Student
The personal search of a student may be conducted by the District Administrator when s/he has reasonable suspicion for a search of that student. Authorized searches of the student's person are:
B. The District Administrator may search student lockers and storage areas and the contents contained therein at any time for any justifiable reason.
C. The District Administrator may, at any time, request assistance of the law enforcement having jurisdiction over the facilities of the District. The law enforcement officer must have probable cause, however, to conduct a search of the lockers and storage areas and the contents contained therein.
Desks and Other Storage Areas
A desk or any other storage area in the school provided for student use as well as the contents contained therein, may be searched when the District Administrator has reasonable suspicion for a search.
Vehicles
Searches of vehicles of staff members or visitors shall be conducted by law enforcement personnel.
Student
The personal search of a student may be conducted by the District Administrator when s/he has reasonable suspicion for a search of that student. Authorized searches of the student's person are:
A. the student's pockets;
B. purses, briefcases, or any other object in the possession of the student;
C. removal of an article of exterior clothing such as a jacket.
D. Personal searches shall be conducted in a private room by a person of the same gender as the student and designated by the District Administrator. At least one (1) but not more than three (3) additional staff members of the same gender as the student being searched shall witness but not participate in the search.
At the request of the student to be searched, an additional person of the same gender as the student designated by the student, and then reasonably available on school premises, shall witness the search. The student's parents shall be notified of the search as soon as reasonably possible.
Use of Dogs
The Board has authorized the use of specially-trained dogs to detect the presence of drugs and devices such as bombs on school property under the following conditions:
Use of Dogs
The Board has authorized the use of specially-trained dogs to detect the presence of drugs and devices such as bombs on school property under the following conditions:
A. The presence of the dogs on school property must be authorized, in advance, by the District Administrator or be pursuant to a court order or warrant.
B. The dog must be handled by a law enforcement officer or a contracted person specially trained to safely and competently work with the dog.
C. The dog is represented by the Sheriff or Chief of the law enforcement agency providing the service as capable of accurately detecting drugs and/or devices.
D. The dog will be allowed to examine a student's possessions, including vehicles, but any search of a student's person will be based upon individualized reasonable suspicion.
E. The dog may be allowed to examine school property such as lockers as permitted by the building District Administrator. Any limitation as to areas of school property to be examined by the dog shall be established by the District Administrator at the time the use of dogs is authorized.
Method of Search
The scope of any search should be limited by the reasonable suspicion that motivated the search. If an item is found that leads to reasonable suspicion that additional, correlated items may also exist, the search may be extended. If the initial search produces no evidence of contraband, there should be no extension of the search based on simple curiosity.
Items Found
Anything found in the course of a search which is evidence of a student violation of school rules or Federal/State laws may be seized and admitted as evidence in any suspension or expulsion proceeding if it is tagged for identification at the time it is seized and kept in a secure place by the District Administrator until it is presented at the hearing. It may also be turned over to any law enforcement officer after proper notation and receipt.
5771 - SEARCH AND SEIZURE
The Board of Education has charged school authorities with the responsibility of safeguarding the safety and well-being of the students in their care. In the discharge of that responsibility, school authorities may search school property such as lockers used by students or the person or property, including vehicles, of a student, in accordance with the following policy.
School Property
The Board acknowledges the need for in-school storage of student possessions and shall provide storage places, including desks and lockers, for that purpose. Desks and lockers are public property and school authorities may make reasonable regulations regarding their use. The District retains ownership and possessory control of student desks and lockers and the same may be searched at random by school personnel at any time. A showing of reasonable cause or suspicion is not a necessary precondition to a search under this paragraph. Students shall not have an expectation of privacy in lockers, desks, or other school property as to prevent examination by a school official. The Board directs the District Administrator to provide students with written notice of this policy at least annually and that routine inspections be done at least annually of all such storage places.
The Board directs that the searches may be conducted by the District Administrator and assistant principal.
Student Person and Possessions
The Board recognizes that the privacy of students or his/her belongings may not be violated by unreasonable search and seizure and directs that no student be searched without reasonable suspicion that the search will turn up evidence that the student has violated or is violating either a particular law or a particular rule of the school. Any search under this paragraph must be reasonable in scope and reasonable in the manner in which it is conducted. The extent of the search will be governed by the seriousness of the suspected infraction, the student's age and gender, the student's disciplinary history, and any other relevant circumstances or information.
This authorization to search shall also apply to all situations in which the student is under the jurisdiction of the Board.
Except as provided below, a request for the search of a student or a student's possessions will be directed to the District Administrator. S/He shall attempt to obtain the freely-offered, written consent of the student to the inspection; however, provided there is reasonable suspicion pursuant to the above paragraphs, s/he may conduct the search without such consent. Whenever possible, a search will be conducted by the District Administrator in the presence of the student and a staff member other than the District Administrator. A search prompted by the reasonable suspicion that health and safety are immediately threatened will be conducted with as much speed and dispatch as may be required to protect persons and property.
Search of a student's person or intimate personal belongings shall be conducted by a person of the student's gender, in the presence of another staff member of the same gender, and in a manner that is minimally intrusive to the student based on the reasonable suspicion justifying the search.
Use of Dogs
The Board authorizes the use of specially-trained dogs to detect the presence of drugs and devices such as bombs on school property under the following conditions:
The Board of Education has charged school authorities with the responsibility of safeguarding the safety and well-being of the students in their care. In the discharge of that responsibility, school authorities may search school property such as lockers used by students or the person or property, including vehicles, of a student, in accordance with the following policy.
School Property
The Board acknowledges the need for in-school storage of student possessions and shall provide storage places, including desks and lockers, for that purpose. Desks and lockers are public property and school authorities may make reasonable regulations regarding their use. The District retains ownership and possessory control of student desks and lockers and the same may be searched at random by school personnel at any time. A showing of reasonable cause or suspicion is not a necessary precondition to a search under this paragraph. Students shall not have an expectation of privacy in lockers, desks, or other school property as to prevent examination by a school official. The Board directs the District Administrator to provide students with written notice of this policy at least annually and that routine inspections be done at least annually of all such storage places.
The Board directs that the searches may be conducted by the District Administrator and assistant principal.
Student Person and Possessions
The Board recognizes that the privacy of students or his/her belongings may not be violated by unreasonable search and seizure and directs that no student be searched without reasonable suspicion that the search will turn up evidence that the student has violated or is violating either a particular law or a particular rule of the school. Any search under this paragraph must be reasonable in scope and reasonable in the manner in which it is conducted. The extent of the search will be governed by the seriousness of the suspected infraction, the student's age and gender, the student's disciplinary history, and any other relevant circumstances or information.
This authorization to search shall also apply to all situations in which the student is under the jurisdiction of the Board.
Except as provided below, a request for the search of a student or a student's possessions will be directed to the District Administrator. S/He shall attempt to obtain the freely-offered, written consent of the student to the inspection; however, provided there is reasonable suspicion pursuant to the above paragraphs, s/he may conduct the search without such consent. Whenever possible, a search will be conducted by the District Administrator in the presence of the student and a staff member other than the District Administrator. A search prompted by the reasonable suspicion that health and safety are immediately threatened will be conducted with as much speed and dispatch as may be required to protect persons and property.
Search of a student's person or intimate personal belongings shall be conducted by a person of the student's gender, in the presence of another staff member of the same gender, and in a manner that is minimally intrusive to the student based on the reasonable suspicion justifying the search.
Use of Dogs
The Board authorizes the use of specially-trained dogs to detect the presence of drugs and devices such as bombs on school property under the following conditions:
A. The presence of the dogs on school property is authorized in advance by the District Administrator, except in emergency situations, or is pursuant to a court order or warrant.
B. The dog must be handled by a law enforcement officer or certified organization specially trained to safely and competently work with the dog.
C. The dog is represented by the Sheriff or Chief of the law enforcement agency providing the service as capable of accurately detecting drugs and/or devices.
The District Administrator shall be responsible for the prompt recording in writing of each student search, including the reasons for the search; information received that established the need for the search and the name of informant, if any; the persons present when the search was conducted; any substances or objects found and the disposition made of them; and any subsequent action taken. The District Administrator shall be responsible for the custody, control, and disposition of any illegal or dangerous substance or object taken from a student.
The District Administrator may request the assistance of a law enforcement agency in implementing any aspect of this policy. Where law enforcement officers participate in a search on school property or at a school activity pursuant to a request from the District Administrator, the search shall be conducted by the law enforcement officers at the direction of a District official. Law enforcement searches conducted independent of any District official request or direction shall be conducted based on standard applicable to law enforcement.
Anything found in the course of a search pursuant to this policy which constitutes evidence of a violation of a particular law or school rule or which endangers the safety or health of any person shall be seized and properly cataloged for use as evidence if appropriate. Seized items shall be returned to the owner if the items may be lawfully possessed by the owner. Seized items that may not lawfully be possessed by the owner shall be turned over to law enforcement.
The District Administrator shall prepare administrative guidelines to implement this policy and shall provide students and staff with written notice of this policy and guidelines at least annually.
118.325 Wis. Stats.
948.50, Wis. Stats.
Wisconsin Const. Art. 1 Section 11
U.S. Constitution, 4th Amendment
© Neola 2008
B. The dog must be handled by a law enforcement officer or certified organization specially trained to safely and competently work with the dog.
C. The dog is represented by the Sheriff or Chief of the law enforcement agency providing the service as capable of accurately detecting drugs and/or devices.
The District Administrator shall be responsible for the prompt recording in writing of each student search, including the reasons for the search; information received that established the need for the search and the name of informant, if any; the persons present when the search was conducted; any substances or objects found and the disposition made of them; and any subsequent action taken. The District Administrator shall be responsible for the custody, control, and disposition of any illegal or dangerous substance or object taken from a student.
The District Administrator may request the assistance of a law enforcement agency in implementing any aspect of this policy. Where law enforcement officers participate in a search on school property or at a school activity pursuant to a request from the District Administrator, the search shall be conducted by the law enforcement officers at the direction of a District official. Law enforcement searches conducted independent of any District official request or direction shall be conducted based on standard applicable to law enforcement.
Anything found in the course of a search pursuant to this policy which constitutes evidence of a violation of a particular law or school rule or which endangers the safety or health of any person shall be seized and properly cataloged for use as evidence if appropriate. Seized items shall be returned to the owner if the items may be lawfully possessed by the owner. Seized items that may not lawfully be possessed by the owner shall be turned over to law enforcement.
The District Administrator shall prepare administrative guidelines to implement this policy and shall provide students and staff with written notice of this policy and guidelines at least annually.
118.325 Wis. Stats.
948.50, Wis. Stats.
Wisconsin Const. Art. 1 Section 11
U.S. Constitution, 4th Amendment
© Neola 2008