Policy JIH Student Interrogations, Searches and Arrests
Purpose: To establish the basic structure for conducting searches of students or their property.
However, students and their belongings are subject to reasonable searches and seizures when administrators have a belief considered to be reasonable under these circumstances.
A student committed a crime or a violation of a school rule.
Such a search will reveal contraband or evidence of a violation of a school rule or a criminal law.
Any search conducted must be reasonable in scope given the age and sex of the student and the nature of the alleged infraction.
Only the principal or his/her designee may conduct such searches within the constitutional parameters outlined above unless exigent circumstances exist that require another staff member to take immediate action for safety reasons.
School-issued electronic devices, lockers, and desks
All district-issued electronic devices (i.e. iPads and laptops), desks and lockers are the property of the school district. School officials may conduct searches of these items in accordance with publicized administrative rules.
Motor vehicles
The privilege of bringing a student-operated motor vehicle onto school premises is conditioned on consent by the student driver to allow a search of that motor vehicle when there is reasonable suspicion for a search of that motor vehicle. School officials may conduct searches of motor vehicles in accordance with publicized administrative rules.
Cell phones or other personal electronic devices
S.C. Code Ann. 59-63-1110 states that "any person entering the premises of any school in the State shall be deemed to have reasonable search of his person and effects." Therefore, the privilege of bringing cell phones on campus is conditioned by the student to allow a search of the cell phone if there is a reasonable suspicion for a search. School officials may conduct searches of cell phones in accordance with publicized administrative rules.
Suppose a student refuses to allow his/her cell phone to be searched in the course of a school investigation where there is reasonable suspicion that the phone contains information pertinent to the investigation. In that case, the school will keep possession of the phone until the parent/legal guardian is contacted. The parent/legal guardian will be asked to assist the school in searching the phone in the presence of the school officials. Refusal to allow a phone to be searched when there is reasonable cause may lead to revocation of the student's privilege to have a cell phone on campus and/or the school turning the phone over to law enforcement, depending on the circumstances.
Interrogations by school personnel
Teachers and principals may question students about any matter pertaining to the operation of a school and/or enforcement of its rules. The staff member will make a reasonable effort to conduct the questioning discreetly and under circumstances which will avoid unnecessary embarrassment to the person being questioned. Any student who answers falsely or evasively or who refuses to answer a proper question may be disciplined.
Interrogations by police
When law enforcement officers find it necessary to question students during the school day, the school principal or his/her designee will be present. The police will conduct the questioning in a private location with the principal or his/her designee present. The principal or his/her designee will attempt to contact the parent/legal guardian to inform him/her of the questioning/ interrogation.
If police intend to take a student into custody or arrest a student, the principal or his/her designee will attempt to contact the parent/legal guardian and notify him/her of this action.
Contacting law enforcement
School administrators will contact law enforcement authorities immediately upon notice that a person is engaging in, or has engaged in, certain activities on school property or at a school sanctioned or sponsored activity. Those activities are ones which may result, or do in fact result in injury or serious threat of injury to the person or to another person or his/her property.
AR JIH-R Student Interrogations, Searches and Arrests Issued 3/15
Justification for student searches
Students possess the right to be free of unreasonable searches and seizures under the Fourth Amendment to the United States Constitution. Balanced against this right is the responsibility of school officials to create and maintain an environment consistent with the district's educational mission.
Prohibited items
Students may not bring to school items or substances which would disrupt the educational function of the school or which are prohibited by school board regulations or by law. Examples of items or substances in this category include, but are not limited to, weapons, clubs, explosives, firecrackers, alcoholic beverages and nonprescription drugs or drug paraphernalia.
Lockers and other school property
The district provides lockers, electronic devices (i.e. iPads and laptops) and other storage spaces to students for their convenience. These electronic devices and storage areas remain school property and, as such are subject to periodic inspections by school authorities. The principal or his/her designee may search a student's school-issued electronic device, desk or locker when such employee has reasonable suspicion that these items are improperly used for the storage of any substance or object, the possession of which is illegal, or may pose a hazard to the safety of the school. Unless an emergency exists, the student should be present and personally remove the contents of the locker, desk or electronic device for inspection. General locker searches may be called for at any time to include all lockers in a selected section of lockers for general housekeeping and safety of the school.
The school principal or his/her designee will maintain an accurate list of all locker assignments and either a master key or combinations to all lockers.
At the time a student is assigned to an electronic device or a locker or other storage space, he/she must be informed that school authorities are empowered to conduct random periodic inspections. School authorities will post notices of this inspection policy in appropriate locations throughout the school.
School authorities will also inform students of the following locker regulations.
Students are responsible for the contents of the locker assigned to them.
Students are to keep their lockers locked.
Students are not to give other students access to their locker.
Emergencies
Circumstances which put the safety of students or school staff at risk or could result in substantial property damage also will constitute sufficient reasons for school or police officials to conduct a thorough search of all school property. A bomb scare is an example of such an emergency.
Student searches
No school personnel will conduct a search which may be considered a strip search.
All searches of students must be conducted or authorized by the principal or his/her designee in the presence of a witness.
S.C. Code Ann. 59-63-1110 states that "any person entering the premises of any school in the State shall be deemed to a reasonable search of his person and effects." When the need to search a student arises, the student may be asked to consent to the search.
School personnel may, in the course of an investigation and upon reasonable suspicion, ask a student to empty the contents of his/her pockets, wallet, purse or similar bags or places of potential concealment or to allow school personnel to search a wallet, purse, bag or other items of potential concealment not a part of immediate wearing apparel, such as shoes or a jacket.
If a personal search is deemed necessary, or if the search of a pocket, wallet, purse or similar bag or place of potential concealment is deemed necessary and not voluntarily consented to by the student, school personnel will request the parent/legal guardian to perform the search or the matter may be turned over to the appropriate law enforcement agency.
Motor vehicles
The privilege of bringing a student-operated motor vehicle onto school premises is conditioned on consent by the student driver to allow search of that motor vehicle when there is reasonable suspicion for a search of that motor vehicle. The act of bringing a motor vehicle upon school premises will allow school officials to presume consent by the student, parent/legal guardian or owner of the vehicle for a search of that motor vehicle. Refusal by a student, parent/legal guardian or owner of the vehicle to allow access to a motor vehicle on school premises at the time of a request to search the motor vehicle will be cause for termination without further hearing of the privilege of bringing a motor vehicle onto school premises. The principal or his/her designee may request a law enforcement officer to search a motor vehicle on school premises, subject to the provisions of this policy.
Cell phones
The privilege of bringing a cell phone onto school premises is conditioned on consent by the student to allow a search of the phone when there is reasonable suspicion that school policy and/or state law has been violated. The principal or his/her designee may request a law enforcement officer to search a phone on school premises, subject to the provisions of this policy. Refusal by the student or parent to allow a cell phone to be searched when there is reasonable suspicion may also result in a revocation of the student's privilege to bring the cell phone on campus.
Police notification
School administrators will contact law enforcement authorities with regard to possession of items that constitute a violation of law.
South Carolina Act 373 of 1994 allows principals or their designees to conduct reasonable searches on school property of lockers, desks, vehicles, and personal belongings including electronic devices with or without probable cause. They may also search both the person and the property of persons entering school property.