General Guidelines for Student Searches & Seizure

Transcription

1 Student Drug/Alcohol Prevention/Intervention Administrative Procedure 8057 General Guidelines for Student Searches & Seizure CONDUCTING SEARCHES & SEIZURES In many cases involving student use or suspected use of alcohol or drugs, the possibility of a search and subsequent seizure of items is implied to occur. There are certainly other occasions where a search and subsequent seizure of items is implied. Prior to conducting any search, there are some basic tests one has to meet to satisfy legal requirements of Reasonable Suspicion and Reasonable Search & Seizure. While school officials have greater latitude than law enforcement (doctrine of in loco parentis & T.L.O., 469 U.S. at 336), students do not leave their rights at the school house doors (Tinker v Des Moines Schl.Dst., 393 U.S. 622 [1979]). The following guidelines are provided to help guide you as an administrator in determining when a search is an appropriate action on your part and how to conduct the search if it is determined by you to be appropriate. As administrators, the Board of Trustees authorizes you to conduct searches and seize items under its guideline procedures. You are responsible for following those procedures. Staff members are not authorized to conduct their own searches (an intrusion into a person s expectation of privacy) as defined under the law. (This does not mean that staff members could not take action to find a missing item in a class by asking students if they have it, know where it is, can see it in plain view or obvious impression of the object. They should ask for student cooperation and if not given then refer to the administration). The only time a general staff member should be involved in what would be considered a search is if you instruct them to help and with your provision of clear directions as to what they can do and not do, or there is clearly a safety, life threatening issue involved. GENERAL GUIDELINES Establish Reasonable Suspicion Validation sources: - Personal observation and knowledge. - Reliable reports of other school personnel. - Eyewitness and victim reports. - Informant tips. (Caution: Fewless v Bd Ed, WL [2002]) - Nurse s evaluation of vital sign irregularities. Give notice and announce intention to search - Give name and authority by official position. - Listen to student responses (i.e.: to avoid misidentifications and minimizing intrusions by cooperation from student). Ask for permission to search - Unless there is an obvious and immediate emergency involving a threat to student, self or others, permission for the search should be sought first. - If a student consents to the search, the search strategies below still need to be followed. Consent does not give a school official license to go hunting or fishing. Page 1 of 7

2 Search strategy - If a student or parent does not give consent, officials need strong reasonable suspicion and follow procedures for reasonable search if continuing with a search. Quality judgment needs to be applied. If there is a question in your mind, that is a good indication not to search. If there is a life safety issue involved, it is better to error in doing the search still reasonable suspicion (nexus of reason and action) and reasonable search procedures need to be followed. - Give notice as to the item(s) sought. - Give student chance to relinquish item(s). - Must have a nexus of infraction, item and place being searched for (i.e.: 25 lbs. of marijuana will not be found in the purse of a specific or randomly identified girl). - First visually search and inspect. This provides additional time to think and observe. - Avoid unnecessary damage to property. - Avoid delays in conducting searches. - Do not initiate physical force. Physical force should only be used to protect student, self or others. Key here is what is the actual threat and what are the limitations. Force is not to be used just to maintain authority, power and control for the sake of saving face. - Any search should be conducted with another appropriate adult present. - Strip and body cavity searches are NEVER conducted by school officials. If a situation suggests something that extreme, contact law enforcement immediately. - Frisk searches of outer garments can be conducted when strong reasonable suspicion indicates a need for their existence (i.e. weapon). Further search would be limited to hard objects or items one could reasonably believe to be a weapon or dangerous item. - Do not unnecessarily detain a student giving the impression of false imprisonment or confinement for a search that does not have exigent circumstances - threat to life or safety. Law enforcement should be contacted immediately if such conditions exist. Seizure - Any seizure must be properly connected to an infraction. - Any seizure must be properly connected to a place being searched. - Item(s) being seized must be sufficiently described to reasonably identify item(s) prior to search and seizure. In some cases, items not specifically identified may be seized as in the case of weapons or drug paraphernalia. - The seized item(s) need to be inventoried, reported and secured until they can be properly disposed or returned. Page 2 of 7

3 ADMINISTRATIVE PROTOCOL FOR ALCOHOL/DRUG INCIDENCES BASIC UNDERSTANDINGS Illegal substance possession/use by students at school or prior to arrival at school is first and foremost a health and safety concern. [S,A] Reports of students possessing or being under the influence must take priority. Nothing hampers or damages a school s reputation quicker. [S,A] Notifying a parent early during in the process. Even under objection, administrators do not give up the right or responsibility to continue the interview and review process. [A] When substance abuse suspicion is suspected, it is preferable to involve other professionals in making determinations of being under the influence of alcohol or drugs. [A] Ultimately decisions of possession or being under the influence of alcohol or drugs rest with the administrator. [A] Notification and arrangements must be made with parents of all students determined to be under the influence or suspected of being under the influence of drugs or alcohol to be picked up from school. Students are not to be allowed to drive or walk from the school site while under the influence or suspected of being under the influence. [S,A] SUBSTANCE ABUSE STEPS IF STUDENT UNCOOPERATIVE: Report student who appears under the influence, in possession, distributing, etc. drugs or alcohol to the administration and/or school resource officer. [S,a] Escort or arrange for student to be escorted to the office.* Do not enter into casual conversation. If totally uncooperative and combative, shadow student while summoning help. Do not use physical force unless life and safety are threatened and then appropriate judgment needs to be applied. [S,A,a] Staff member will complete and forward a behavior referral outlining observed behaviors to the administration. [S,a] Be direct and honest about your concerns for the student during any discussions. [S,A] Express concerns for the student s health and safety as well as the health and safety of others. [S,A] If student denies involvement as you have outlined, call their parents. [A] Prepare to express your impression of an informal assessment and prepare questions to ask student and /or parents to have the exhibited behaviors explained. [A] As the administrator you have the authority and responsibility to conduct a search. The search needs to be reasonable, ethical and follow the District s guidelines on searches and seizures. [A] If the administrative investigation determines the student is involved in the suspected activity, law enforcement shall be notified immediately. [A] All contraband and paraphernalia shall be seized, stored, locked in a secure manner and inventoried by the administration. All such items are to be turned over to law enforcement as soon as it is practical. [A] Refusal or lack of cooperation does not limit administrative ability to take disciplinary action. For example, bizarre behavior is disruptive and under any circumstances can result in disciplinary action no matter the apparent cause. [A] Appropriate school discipline shall be carried out with the possible inclusion of the student s participation in a related drug/alcohol abuse counseling activity. Any student Page 3 of 7

4 determined to have been involved with drugs or alcohol shall be required to participate in substance abuse counseling through a program provide by the District/school. If the family elects to pursue the help of an outside agency, then the district/school shall review and approve the scope of the plan. The family shall be responsible for all costs associated with an outside agency. [A] SUBSTANCE ABUSE STEPS IF STUDENT IS COOPERATIVE: Report student who appears under the influence, in possession, distributing, etc. of drugs or alcohol to the administration and/or school resource officer. [S,a] Escort or arrange for student to be escorted to the office.* Do not enter into casual conversation. [S,A,a] Staff member will complete and forward a behavior referral outlining observed behaviors to the administration. [S,a] Be direct and honest about your concerns for the student during any discussions. [S,A] Express concerns for the student s health and safety as well as the health and safety of others. [S,A] If student admits the involvement as you have outlined, call their parents. [A] Even if the student admits to the involvement as you have outlined, as the administrator you have the authority and responsibility to still conduct a search. The search needs to be reasonable, ethical and follow the District s guidelines on searches and seizures. [A] If the administrative investigation or student admission determines the student is involved in the suspected activity, law enforcement shall be notified immediately. [A] All contraband and paraphernalia shall be stored, locked in a secure manner and inventoried by the administration. All such items are to be turned over to law enforcement as soon as it is practical. [A] Appropriate school discipline shall be carried out with the possible inclusion of the student s participation in a related drug/alcohol abuse counseling activity. Any student determined to have been involved with drugs or alcohol shall be required to participate in substance abuse counseling through a program provide by the District/school. If the family elects to pursue the help of an outside agency, then the district/school shall review and approve the scope of the plan and the family shall be responsible for all costs associated with an outside agency. [A] S = staff member action (certified or classified); A = administrator action; a = administrator follow-up. * If conducting class with students, get help from the office or have a staff member next to you watch your class. If those options are not available, then the severity of the situation should dictate if you would leave your class to deliver or watch the student. If you leave your class, make sure you set your expectations for appropriate behavior while gone and arrange for someone to go to your class as soon as possible. Page 4 of 7

5 DO S AND DON T'S FOR STAFF WHEN DEALING WITH STUDENTS UNDER THE INFLUENCE OR ARE SUSPECTED OF BEING UNDER THE INFLUENCE DO: Do recognize this as a health and safety issue first. Do locate help. Do deal with it here and now. Do keep conversation brief and repeat concerns about their health and safety. Do state observable facts that concern you i.e.: You are not making sense, relax. Chemically impaired people can be dangerous to self and others. They are not themselves while in this condition. Do refer student to the administration and/or School Resource Officer immediately. DON T: Don t lecture, scold or talk about discipline at this point. Don t deal with chemically impaired student in private. While this shouldn t be a public demonstration, have another adult there if at all possible. Don t mention family problems or how much trouble the student is in. Don t deal with complicated issues. They probably can t follow the conversation or logic, it confuses them, increases anger and reduces trust. Don t use slang like plastered, smashed, high, etc. This tact is counter productive. Don t walk in front or behind the student. Try to stay beside them. Don t use physical force or physically restrain unless there is immediate danger to the student and others. Page 5 of 7

6 SEARCH AND SEIZURE CHECKLIST Who was searched? Name Grade Age School Gender When was the search conducted? Date Time Who conducted the search? Name Title Who witnessed the search? Nature of the infraction, description of item(s) and location being searched? (Be specific). What was found? (Be specific). What was the basis for the search? Was law enforcement involved in the search? Y, N If yes, name of the officer(s) Were items seized? Y, N If yes, how was the item(s) secured? (inventory, locked up, disposed, etc.) Related information or documentation Page 6 of 7

7 REFERENCES. Natrona County School District #1 Policy and Regulations Manual, (2002). NCSD #1, 970 North Glenn Road, Casper, Wyoming Van Dyke, Jon m. & Sakurai, Melvin M. Checklists for Searches and Seizures in Public Schools, (2002). West Group, St. Paul, MN.. SCHOOL LAW IN REVIEW 2000 (2000). National School Boards Association, Alexandria, Virginia.. DESKBOOK ENCYCLOPEDIA OF AMERICAN SCHOOL LAW, (1997). Data Research, Inc., Rosemount, MN..... in Student Rights & Discipline (2002). NSBA Council of School Attorneys, Alexandria, VA. ( Page 7 of 7