Interrogations and Searches

Searches

Inspection of the personal property of students - including lockers and desks - is permissible where there is reasonable suspicion that the property contains stolen articles, illegal items or other contraband as defined by law or by local board or school policy. Students have the right to privacy and may expect that their person or their personal property will not be searched unless the search is reasonable based upon the information known by the official at the time of the search.

Lockers - or other personal property shall be searched in the student's presence when administratively feasible. If the student is not present, he/she shall be informed of the search. Stolen articles, illegal items or other contraband may be impounded during searches. The student shall be given a receipt for impounded items and parents shall be notified of any items impounded. School officials should exercise caution in handling impounded items, particularly when those items may be used in criminal prosecution against the student.

Approved: July 1976

Revised: April 6, 1992

Reference: United States Supreme Court, Overton v New York, 393 U.S. 85 and 992; State v. Joseph T., 336 S.E. 2d 728 (W.Va. 1985)