Spearfish School Disrict 40-2
5000 Students

Board Policy                                                                                                                                                                                                                  
Code: 5110

 

SEARCH AND SEIZURE

  1. Searches by School Authorities of School Property assigned to Students

 

  1. The right of inspection of students’ assigned lockers, desks, and other school property is inherent in the authority granted school boards and administrators. This authority may be reasonably exercised as needed in the interest of safeguarding students and their property and the property of the school district. Lockers, desks, and other school property assigned to students remains the property of the school district and the school district has the right of access to such property at any time for any reason. Students have no expectation of privacy in lockers, desks, and other school property assigned to students.
  2. Students are encouraged to keep their assigned lockers or other school property closed and locked against incursion by other students. However, no student may use a locker, desk, or other school property as a depository for a substance, article, or object which is prohibited by law or district policy, or which constitutes a threat to health, safety, or welfare of the occupants of the school building or the building itself.
  3. The following rules apply to searches of lockers, desks, and other school property by school authorities (superintendent, principal, or principal’s designee), and seizure of items in the student’s possession:
    1. Lockers, desks, and other school property may be subject to sniffing by contraband-detecting canines at any time.
    2. There should be reasonable cause for the school authorities to suspect, based upon an individualized suspicion that a substance, article or object which is prohibited by law or district policy, or which constitutes a threat to health, safety or welfare fo the occupants of the school building or the building itself.
    3. Search measures of a locker, desk, or other school property assigned to a student should be reasonably related to the objectives of the search in light of the age and sex of the student and the nature of the infraction, and should be for a specifically identified substance, article or object.
    4. The search should be conducted in the presence of the student with the student’s knowledge. However, if school authorities reasonably believe the locker, desk, or other school property contains an item which constitutes an immediate threat to health, safety, or welfare of the occupants of the school building itself, or creates an emergency condition, it may be searched without the presence or knowledge of the student.
    5. General housekeeping inspection of school property may be conducted with reasonable notice.
    6. Substances, articles, or objects whose possession is prohibited by law or district policy, or which constitutes a threat to health, safety, or welfare of the occupants of the school building or the building itself may be seized by school authorities at any time.
  1. Searches of Student Property by School Authorities
  1. The right of inspection of students’ personal property on premises owned or controlled by the school district is inherent in the authority granted school boards and administrators. This authority may be reasonably exercised as needed in the interest of safeguarding students and their property and the property of the school district.
  2. No student may use his or her personal property on premises owned or controlled by the school district as a depository for a substance, article, or object which is prohibited by law or district policy, or which constitutes a threat to health, safety, or welfare of the occupants of the school building or the building itself.
  3. The following rules apply to searches by school authorities (superintendent, principal, or principal’s designee) of property belonging to a student on premises owned or controlled by the school district, and seizure of items in this student’s possession:
    1. There should be reasonable cause for school authorities to suspect, based upon an individualized suspicion, that a substance, article, or object is kept or deposited in a student’s personal property whose possession is prohibited by law or district policy, or which constitutes a threat to health, safety or welfare of the occupants of the school building or the building itself.
    2. Search measures of a student’s personal property should be reasonably related to the objectives of the search in light of the age and sex of the student and the nature of the infraction, and should be for a specifically identified substance, article or object.
    3. The search should be conducted in the presence of the student with the student’s knowledge. However, if school authorities reasonably believe the student’s personal property contains an item which constitutes an immediate threat to health, safety, or welfare of the occupants of the school building or the building itself, or creates an emergency condition, it may be searched without the presence or knowledge of the student.
    4. Substances, articles, or objects whose possession is prohibited by law or district policy, or which constitutes a threat to health, safety, or welfare of the occupants of the school building or the building itself may be seized by school authorities at any time.
  1. Searches by Law Enforcement Officers
  1. Law enforcement officers appearing at school building with a Court authorized search warrant shall be accorded the right to conduct the search described in the search warrant.
  2. If a contraband-detecting canine handled by a law enforcement officer alerts while on District premises, the search and/or seizure hall be conducted by a law enforcement officer.
  3. Any search and/or seizure conducted by a law enforcement officer on District premises shall comply with Federal and State rules of law and procedure concerning lawful search and seizure under the circumstances/
  1. Search of Parking Lots
  1. Automobiles or other vehicles parked in parking lots owned by or under control of the school district may be subject to sniffing by contraband-detecting canines at any time.
  2. In the event an automobile or other vehicle parked in a school-owned or controlled parking lot is identified by a contraband-detecting canine’s alert, the school authorities (superintendent, principal, or principal’s authorized designee) shall contact the student responsible for the automobile or vehicle and request the student’s consent that it be searched. If the student refuses consent for the search, the school authorities shall contact the student’s parent or guardian for consent to search the automobile or vehicle.
  3.  If either the student or parent/guardian gives consent for the search, the automobile or vehicle may be searched. Substances, articles, or objects whose possession is prohibited by law or district policy, or which constitutes a threat to health, safety or welfare of the occupants of the school building or the building itself may be seized by school authorities at any time.
  4. If no consent to search the automobile or vehicle is obtained from this student or parent/guardian, the school authorities shall advise law enforcement officials of the contraband-detecting canine’s alert, and the law enforcement officer shall proceed under applicable South Dakota rules of law and procedure concerning the search of the automobile or vehicle applicable under the circumstances.
  1. Publication of this Policy
  1. A copy of this policy shall be included in the student handbook each year,
  2. School authorities (superintendent, principal, or principal’s authorized designee) may post signs in school buildings advising students (a) school lockers, desks, and other school property and student property shall be subject to search by school authorities or law enforcement officers at any time under the terms of school district policy, including sniffing by contraband-detecting canines; and (b) automobiles and vehicles parked in school-owned parking lots shall be subject to sniffing by contraband-detecting canines and subsequent search under the terms of school district policy.
  3. The school district may also publicize this policy and undertake training efforts consistent with other school district policies concerning substances, articles or objects whose possession is prohibited by law or district policy.

Approved June 10, 1996
Reviewed December 14, 1998
Revised April 14, 2008

Legal Authority: New Jersey v. T.L.O, 469 U.S. 325; 105 S. CT. 733; 83 L.Ed.2d 720 (1985); United States v Friend, 50 F.3d 548 (8th Cir. 1995); United States v. Harvey, 961 F.2d 1361 (8th Cir. 1992); Jennings v. Joshua Independent School District, 877 F.2d 313 (5th Cir. 1989); South Dakota Policy Reference Manual