CODE: 6153R
SECTION: INSTRUCTION
FIELD TRIPS: SEARCH AND SEIZURE (ADMINISTRATIVE PROCEDURE)
Baggage Check:
Cursory check of materials in suitcase for bulking items, i.e., alcohol, fire crackers, etc.
Complete baggage check only for reasonable cause, i.e., pills, weapons, etc.
Female chaperone responsible for student cluster searches female student luggage.
Male chaperone responsible for student cluster searches male student luggage.
Definition: Chaperone
Members of the faculty selected by the Administration.
Personal Check:
A. Only for reasonable cause (individual)
B. No body contact. Empty pocketbook contents. Remove coat and shoes. Empty pockets, bookbag, gym bag, etc.
Any need for further than above, call parent to assist; or, in the case of possible criminal action, turn over to police.
A student, who is found to be in possession of and/or consumes alcohol, illegal drugs or weapons while on a trip, will be returned to their parents/guardians immediately at the cost of the parents/guardians.
Reasonable Cause:
The legislature has specifically charged school officials to maintain order, safety, and discipline. The statutes give school officials authority to prevent disorderly conduct by pupils, NJSA 18A:25-2, and students are required to submit to such authority, NJSA
18A:37-1. Specifically, school officials have power to suspend pupils for illegal possession or consumption of drugs or alcohol or being under the influence of drugs or alcohol, NJSA 18A:37-2(j), for assaulting teachers, NJSA 18A:37-2.1, or for other good cause, NJSA 18A:37-2,-4. Finally, NJSA 18A:6-1 grants specific power to seize weapons or other dangerous items and to quell disturbances.
The Supreme Court held in New Jersey v. TLO, 469 U.S. 325 (1985), that while police are held to the high standard of probable cause in conducting warrantless searches, school officials should be held to a less stringent standard. The court noted
The Supreme Court noted:
It is evident that the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject. The warrant requirement, in particular, is unsuited to the school environment: requiring a teacher to obtain a warrant before searching a child suspected of an infraction of school rules (or of the criminal law) would unduly interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools.
T.L.O., 469 U.S. at 340
The Supreme Court further held:
That the accommodation of the privacy interests of school children with the substantial need of teachers and administrators for freedom to maintain order in the schools does not require strict adherence to the requirement that searches be based on probable cause to believe that the subject of the search has violated or is violating the law. Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search.
469 U.S. at 341.
Determining the reasonableness of any search involves a twofold inquiry:
1. One must consider whether the action was justified at its inception, and
2. Whether the search as actually conducted was reasonably related in scope to the circumstances which justified the interference in the first place.
Under ordinary circumstances, a search of a student by a teacher or other school official will be "justified at its inception" when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school. Such a search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.
Factors in determining whether a school official has reasonable grounds for a search include, but are not limited to:
A. The source of information. Is the informant reliable? Why? Is there additional substantiating evidence? (An anonymous tip does not meet the standard.)
B. Has the student acted in a manner which would reasonably give rise to a suspicion of wrong doing?
C. Is the contemplated search directly related to the alleged wrong doing and not overreaching?
D. The student's age, history, and school record.
E. The prevalence and seriousness of the problem in the school to which the search would be directed.
F. Does the student have a reasonable expectation of privacy in the item to be searched?
G. Exigency--would the evidence be destroyed or removed if immediate search was not conducted? Is there time to request parental permission?
If, after weighing the total factual picture, the school official determines an immediate search is warranted, the following shall apply:
A. Whenever possible, there shall be present at any search of a student or his/her possessions, the school official and the student's parent or guardian (or a third party if the parent or guardian is unavailable).
B. If criminal activity is involved, law enforcement officer shall be contacted.
C. The school official shall be responsible for the custody, control, and disposition of any substance or object seized.
D. The school official shall be responsible for the prompt recording in writing all reasons for the search, the persons present, the object found, and the disposition of them.
Summary:
The 4th Amendment forbids unreasonable searches of students by school officials. It is not, however, necessary that a warrant be obtained or the probable cause be present in order that a search of a student be reasonable. The legality of a search of a student depends simply on the reasonableness, under all the circumstances, of the search.
First Reading: December 12, 2000
Adopted: December 19, 2000