Chapter I - Health and Safety

Part 4.0 Privacy and School Safety

Section 4.5 Searches and Seizures

Policy Statement:

"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized." 4^th Amendment

Administrators are charged with determining the urgency of the situation and the safety of all students at the school when considering searches.

APA recognizes that the privacy of students or their belongings may not be violated by unreasonable search and seizure and directs that no students are searched without reasonable suspicion or in an unreasonable manner. The extent of the search will be governed by the urgency and seriousness of the alleged infraction, the student's age, and the consideration of the overall school safety of all students. Additionally, school officials have the authority to question students in the interest of school safety.   

Consent: The appropriate School Administrator will attempt to obtain the freely offered consent of the student to the inspection; however, provided there is reasonable suspicion, the School administrator may conduct the search without such consent. 

Reasonableness: Both suspicion for the search, and the appropriateness of the scope of the search must be reasonable.  Suspicion and Reasonableness will be determined by a School Administrator.

1. Reasonable Suspicion: "Reasonable suspicion for a search" means grounds sufficient to cause school personnel to believe that the search of a particular person, place, or thing will lead to the discovery of evidence that the student:

• has violated or is violating a rule or behavioral norm provided in school policy;
• has violated or is violating a particular law;
• possesses an item or substance which presents a danger of physical harm or illness to students, staff, or school/district property;

2. Appropriateness of Scope: 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, related items may also exist, the search may be extended. 
3. Who Can Search?:
   • Two school personnel, including a school administrator, should be present for body searches.
   • A search of surveillance footage or school-operated student accounts or electronic storage drives may be authorized by two appropriate School Administrators.
   • For a school search using a drug-sniffing dog, an Executive Level administrator must be notified prior to the search.
4. What Can Be Searched?:
   • School Property (lockers, desks, school electronic devices and storage drives, etc.)
     • Video and audio surveillance is publicized on the campus.  Parents, staff, and students have no expectation of privacy regarding activities on school property outside of bathrooms or locker rooms.
     • School-owned electronic devices and storage areas (including lockers, desks, etc.) remain under the exclusive control of the School and are subject to search at any time - with or without reasonable suspicion. Students have no expectation of privacy with respect to School-owned electronic devices or storage areas. In the course of any search, students' privacy rights will be respected regarding any items that are not illegal or against school policy.
   • Student Person and Possessions
     • The extent of the search will be governed by the urgency and seriousness of the alleged infraction, the student's age, and the overall school safety for all students.
     • The appropriate School Administrator should attempt to obtain the freely offered consent of the student to the inspection; however, provided there is reasonable suspicion, the administrator may conduct the search without such consent.
     • Search of a student's person or personal belongings should be conducted by a person of the student's biological gender, in the presence of another staff member of the same biological gender, and only in exceptional circumstances when the health or safety of the student or of others is potentially threatened. The student may request an administrator of a particular gender be present and if such a request is made the request shall be honored. The personal search of a student may be conducted by the appropriate School Administrator when there is reasonable suspicion for a search of that student. 
     • Body Searches: Unless a weapon is suspected, the student should first be given the opportunity to turn out pockets and otherwise surrender evidence voluntarily.  Two school personnel, including a school administrator, should be present for body searches. The personal search of a student may be conducted by the appropriate School Administrator when the School Administrator has reasonable suspicion for a search of that student. Authorized searches of the student's person are as follows:
       • the student's pockets;
       • purses, backpacks, or any objects in the possession of the student;
       • a "pat down" of the exterior of the student's clothing and the removal of any identified item;
       • removal of an article of exterior clothing such as a jacket, watch, or hat;
       • a student's electronic device

• Vehicles 
  • Vehicles in the possession of students and parked on school premises may be searched, based on reasonable suspicion, by the appropriate School Administrator. Searches of vehicles of staff members or visitors should be conducted by law enforcement personnel.

5. Search Procedure: Pursuant to this policy, appropriate school Administrators will use the following steps when school personnel has reasonable suspicion that a student possesses evidence that a rule or law has been violated:
   1. All requests or suggestions for the search of a student or student's possessions should be directed to the appropriate School Administrator or the person in charge of the students if students are out of the district or school.
   2. Wherever possible, before conducting the search, the appropriate School Administrator will notify the student, request the student's consent to the inspection, and inform the student that she/he may withhold consent. Such consent, if offered, should be voluntary. The appropriate School Administrator may conduct the search, however, with or without the student's consent.
   3. At least two school employees should be present at any search of a student or student's possessions.
   4. The appropriate School Administrator may conduct a student search upon reasonable suspicion of the presence of an illegal or dangerous substance or object, or anything contraband under school rules.

Health/Safety of Students 

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 appropriate School Administrator may act with as much speed and dispatch as reasonable judgment dictates 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.

Items Found

Anything found in the course of a search that 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 Items seized should be tagged for identification and kept in a secure place by the School Administrator until it is presented at the hearing. It may also be turned over to any law enforcement officer after proper notation and receipt.

Electronic Cigarette Products 

Students are prohibited from possessing or using electronic cigarette products while on School property and electronic cigarette products will be confiscated. School Administrators will properly store the e-cigarette products in a secure location until disposed of in accordance with generally accepted standards of e-cigarette disposal in Utah. As electronic cigarette products are considered hazardous waste in accordance with Title 19, Chapter 6, Hazardous Substances, school Administrators must follow the proper disposal as outlined by the Utah Department of Environmental Quality. (Utah Admin Code R315-260 through 262).

If a school Administrator has reason to believe the confiscated electronic cigarette product contains an illegal substance, the school may release the confiscated electronic cigarette product to local law enforcement.

Parent Notification 

School Administrators have no legal obligation to contact parents before detaining and questioning students. However, parents will be notified as soon as is reasonably possible regarding serious allegations against a student and will be involved to the extent possible under the circumstance. It is good practice when a student is questioned about serious allegations of the student's own misbehavior that their parents or guardians are notified to protect the interest and wellbeing of the student. Parents will be advised of all student searches and seizures of property.

Policy Cross-References:    H-5.1 JH/HS Discipline Procedures

                                                I-4.6 Student Questioning

Legal References: UT R277-615 "Standards and Procedures for Student Searches"