SEARCH AND SEIZURE IN PUBLIC SCHOOLS United States Constitution - - PowerPoint PPT Presentation

SEARCH AND SEIZURE IN PUBLIC SCHOOLS

United States Constitution Amendments

uFourth Amendment – prohibits

“unreasonable” searches and seizures

uFifth Amendment – protects right to due

process of law, and affords freedom from self-incrimination

Search and Seizure Police Officer

u Associated with investigating criminal activity u Must meet probable cause standard u Usually requires application of a search warrant u Should exercise care in acting on school

administrator’s request to search

u Can attend a search by school administrators

without triggering probable cause standards in search

Search and Seizure School Administrator

u Acts in “loco parentis”, serving as guardian of the school community u Must meet “reasonable suspicion” standard, either violating school policy or law u Able to investigate u Must inform student or employee what the allegation is and the evidence behind

it

u Must afford the student or employee a chance to tell their side of the story –

medium based on severity of allegation

u Scope of search must be reasonable u Lacks criminal enforcement power u Private schools have much greater leeway

Plain View Doctrine

uContraband items in plain view

can be seized by either school administrators or police without probable cause, reasonable suspicions, or a warrant.

Consent Searches

u Both school officials and police officers may

conduct searches without reasonable suspicion

• r probable cause if the student or employee

consents

u Voluntariness of consent is based on

circumstances

u Search must be within the boundaries of the

consent

u Officials are not required to tell the

student/employee they have the right to refuse consent

Random Searches

uSubject to reasonable suspicion standard uConducted mainly as a preventative

measure to ensure safety of school population (ie: drug dog, metal detector, drug-testing)

uAuthorized by school administration

Search and Seizure Final Thoughts

u There is no definitive blueprint for what

constitutes a legal search

u Articulation and documentation are ESSENTIAL u Clear search policies, based on the importance

• f maintaining a safe learning environment , are

key justification for searches.

u Communicating warnings and obtaining

acknowledgements from parents and students strengthen your defense of search actions

Sources

uCenter for Public Education (CPE) uEducational Leadership (EL)