ADMINISTRATIVE DIRECTIVE JFG-7/01
Administrative Guidelines for Student Searches
TO:
All Principals, Administrators, and Supervisory Staff
FROM:
Dr. John H. Kidd, Division Superintendent
DATE:
July 1, 2001
Generally
1. These guidelines are offered as practical suggestions which supplement policy requirements.
2. Every principal/designee should assure that the school handbook includes a conspicuous
statement that LOCKERS ALWAYS REMAIN THE PROPERTY OF THE SCHOOL AND
THAT THERE IS NO EXCEPTION OF PRIVACY AS TO LOCKERS, OTHER
SCHOOL-CONTROLLED PROPERTY (CAMPUS, REGIONAL FACILITIES,
VEHICLES, CABINETS, AND DESKS) OR TO ANY ARTICLES (E.G., BOOKBAGS,
BRIEFCASES, PURSES, FOLDERS) OR VEHICLES BROUGHT ONTO SCHOOLCONTROLLED PROPERTY OR TO A SCHOOL-RELATED EVENT, EVEN IF NOT
ON SCHOOL-RELATED PROPERTY; THAT ALL SUCH ITEMS ARE SUBJECT TO
INSPECTION AT ANY TIME, WITHOUT PRIOR NOTICE, WITH CONSENT TO
INSPECT GIVEN IMPLIEDLY BY ALL PERSONS BRINGING ITEMS ONTO
SCHOOL-RELATED PROPERTY OR TO ANY SCHOOL-RELATED ACTIVITY,
EVEN IF NOT ON SCHOOL-RELATED PROPERTY; and highlight that the school may
allow canine detection initiatives with respect to school-controlled property and articles brought
onto school-controlled property or to school-related events.
3. In any situation in which school officials determine that there is a necessity to conduct a search,
the following are general guidelines which should be followed. The first question which must be
answered is whether or not a search actually took place. In answering this question, a court will
look to the extent of an intrusion, if any, upon a student’s reasonable expectation of privacy.
4. If a search does take place, it must be reasonable under all of the circumstances. The
reasonableness of a search will be determined essentially under a two-prong test: (1) was the
search justified in its inception; and (2) was the search permissible in its scope.
5. School administrators may not relinquish to law enforcement officials the control or direction of
any inspection or search, although a law enforcement officer may facilitate a search by, for
example, observing or helping to minimize disruption, or assist in dangerous or demanding
circumstances involving safety or threat of harm. In general, any school search is to be initiated,
and controlled and directed only by a school administrator.
(continued)
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6. While law enforcement officers or school resource officers (SRO) may be present, they should
not be involved in controlling or directing any search. (These law enforcement officers may be
considered an arm of law enforcement, and, therefore, would not be able to conduct a search
based simply on individualized reasonable suspicion. These officers may have to meet the higher
“probably cause” standard applicable to law enforcement.) The SRO may assist a school
administrator by, for example, securing an area or observing, but the school administrator always
remains in charge and conducts any search. If drugs, weapons, alcohol or other contraband is
found, the school administrator may request the SRO to take possession of it for custodial
purposes.
7. In conducting any search, school administrators always should have an adult witness present from
the inception of the search until any “evidence” is properly secured. This safeguard will achieve
the dual objectives of verifying facts and the process used.
8. Searches which involve any physical contact with a student should be conducted privately and
witnessed by school administrators only of the same sex. This precaution will protect the privacy
of the student and will provide protection for the school administrator against claims of improper
conduct.
9. Searches should be conducted in a way that will minimize any embarrassment to the student. To
the extent possible, only the searcher, administrator witness and student should be present. Never
search a student in front of another student, absent special circumstances.
10. When a search is to take place, the student should be escorted to the search location with no stops
along the way (e.g. restroom, locker). All personal property, including books, jackets, hats, book
bags, and purses should be brought by the student to the search location.
STUDENT SEARCHES
1. Student searches should be conducted in a private area where there will not be interruptions. Two
adult witnesses of the same gender as the student should be present.
2. Voluntary consent to a search should first be sought and encouraged as to any search. Threats of
criminal prosecution should not be used if consent is not voluntarily given. Simply inform the
student that they are violating school rules by failing to cooperate.
3. Remember that the scope of the search must be reasonably related to the circumstances, which
justified the search.
4. At least initially, avoid direct physical contact with the student. For example, unless there is
suspicion of an object that could be used as a weapon, have the student remove all objects from
pockets. Place these items aside, out of the student’s reach, until after the student is searched.
(continued)
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5. If physical contact must be undertaken, a person of the same sex should conduct the search from
the side of the student’s body working from top to bottom on each side. Check middle of the
back, inside forearms and thighs but to not touch areas regarded as particularly sensitive.
Initially, in a careful way, lightly pat down the exterior areas. After patting material, crush the
cloth in articles of clothing. Flat objects may be easily overlooked by just a pat. Do not stop if
contraband is found. Continue until all objects have been investigated.
6. After the student has been searched, items that have been set aside should be examined. Items
that could conceal contraband should be taken apart or in the case of books, thumbed through.
7. All items removed from a student not prohibited by school policy, school rules, or by law should
be returned to the student or the parent upon the completion of the search. Any item which is
contraband should be tagged and bagged and secured in such a manner as to preserve its clear,
separate identity. Any illegal items should be promptly delivered to law enforcement for
inventory and storage for future reference or use.
LOCKER SEARCHES
1. If at all possible, lockers and desks should not be shared by students, because of potential
confusion over responsibility for the contents or denial of possession.
2. Two adults should be present for a locker search. Only school administrators may conduct a
search, not an SRO, although an SRO may assist the school administrators in a reasonable
manner by observing, safeguarding an area, or helping to avoid danger or injury in particular
circumstances.
3. If practicable, the student should be present when a locker is searched, but not allowed near the
locker.
4. Witnesses should arrange themselves so that they can see both the locker search and the student’s
face. Many students will stare or glance at areas where contraband is located.
5. Start from the top of the locker, working down. Do not replace items in the locker until the
locker is completely empty.
6. If a dog alerts to a locker, the area on either side should also be searched.
VEHICLE SEARCHES
1. Every principal/designee shall assure that student parking permit applications (and the school
handbook) include a conspicuous statement that parking or use of any vehicle is a privilege; that
irrevocable consent is given to the search of a vehicle or other item of transportation brought onto
school-controlled property or to any school-related event, even if not on school property; and that
any vehicle is subject to inspection or search for contraband.
(continued)
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2. If practicable, the student should be present at the time of a search of a vehicle.
3. A vehicle may be searched under the following circumstances:
a. When the student or other person orally has consented voluntarily to the search of the
vehicle, or,
b. When weapons including, but not limited to, guns, knives, clubs, or other items are in plain
view within the vehicle, or
c. When there is reasonable suspicion that the contents of the vehicle violate the law, school
board policy, or school rules or when there is reasonable suspicion to believe that the vehicle
contains articles which school officials are authorized to seize, or
d. When there is reasonable suspicion to believe that the vehicle was used in the commission of
a crime, or
e. When there is reasonable suspicion to believe that the vehicle is carrying a prohibited, stolen
or illegally possessed substance or object.
4. The school official may require the student to surrender possession of any key or other access
mechanism to a vehicle parked on school property or at a school-related event for the purpose of
opening or accessing a vehicle. Forced entry into a vehicle, which is locked should not be
attempted or permitted. If the student refuses to cooperate, the student should be directed to
remain in a reasonably removed location secured by a school administrator until a parent and/or
law enforcement is contacted and arrives at the scene. If the student remains uncooperative even
after the parent arrives, the school administrator should inform the student and the parent that the
student remains subject to discipline. Nothing should prevent a law enforcement officer from
seeking and obtaining a search warrant to conduct an independent search under reasonable
circumstances.
5. The vehicle should not be damaged by any search by a school official.
CANINE DETECTION INITIATIVES
1. There should be regular, periodic discussions between law enforcement leaders and education
leaders, to promote an understanding of each others’ responsibilities, operating guidelines and
opportunities for improvement in the cooperative use of canine detection and other measures.
2. Law enforcement and education leaders should establish ongoing protocols or understandings
related to:
a. Desirable and requested frequency of canine detection initiatives
b. Key communications contact persons for law enforcement and administrators
(continued)
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c. Degree of requested prior scheduling/arrangements for requested canine detection initiatives
d. Type of canines that will be used (non-aggressively trained canines only)
e. Nature and sequence of events upon arrival at school, such as

Managing the location of students/staff

Areas to be surveyed (e.g., hallways, classrooms)

Items to be examined (e.g., lockers, desks)

Precautionary measures for purposefully avoiding persons (students/staff/visitors)

Steps and respective roles of law enforcement and school administrators upon alert of
positive detection from canine

Handling of detected contraband

Post-visit review of events/experience

Law enforcement’s cooperative role as a witness in school disciplinary proceedings and
hearings

Release of information to students, staff, parents, the School Board and public
regarding any detection efforts and results
3. At least one day prior, the Superintendent/designee will be consulted before any canine detection
effort is initiated at the Superintendent’s request, to confirm minimal disruption of school
instruction and other planned activities. At the time deemed appropriate by the
Superintendent/designee, the principal/designee also will be consulted about the specific,
proposed start and duration of the process.
4. The principal/designee should have or obtain assurances from law enforcement that there has
been sufficient training of the particular handler and dog in detecting the presence of particular
types of contraband.
5. The principal/designee should have or obtain assurances that any canine will be kept a reasonable
distance away from any person. No person should be subject to a “sniff” by a canine, even
assuming the canine is not aggressively trained.
6. For purposes of locker and similar detection efforts involving canines, students and staff should
be kept sufficiently removed from the area. Principals/designees may direct that all staff and
students remain in classrooms and/or offices unless and until notified otherwise. Students may be
asked to leave a classroom for this purpose, with bookbags and other articles remaining in the
room.
(continued)
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7. If student articles, such as bookbags, coats, and similar items, are subject to canine detection, all
such articles – not just selected items – should be examined by the canine.
8. Although always in control of any search, no school employee will direct or participate in the
handling or management of the canine; it will be the sole responsibility of law enforcement. The
school administrator will accompany the canine and handler and monitor the activity. A school
administrator is the only one who may control and direct any search.
9. Any positive indication of canine detection may be considered as proof of individual reasonable
suspicion of contraband. As a legal risk management principle, during canine detection,
administrators will conduct searches only when there is individualized reasonable suspicion about
the presence of contraband.
10. Any positive indication of detection of contraband will be confirmed orally by the canine handler
to school administrators. If the detection is as to school-controlled property, the administrator
may promptly undertake a search. If the detection is as to non-school controlled property
(bookbags, etc), the school administrator may identify the owner or custodian and obtain that
person’s presence as the article and its contents are searched, if practicable. In no event should
law enforcement conduct or participate in conducting any search. If a positive indication is
confirmed by the handler, any item on either side of the identified location should also be
searched, e.g., lockers on either side of the “hit”.
11. School administrators may not give law enforcement permission to conduct any inspection, even
though the article or area producing a positive alert is owned or otherwise controlled by the
school. Any search is to be conducted only by a school administrator.
12. A School Resource Officer (SRO) may be present but should not be involved in initiating or
controlling any school search. (An SRO may be considered an arm of law enforcement and,
therefore, should be assumed unable to undertake a search based simply on individualized
reasonable suspicion; the SRO would have to meet the higher “probable cause” standard
applicable to law enforcement.) An SRO may assist a school official in a reasonable manner by
observing, safeguarding an area, or helping to avoid danger or injury in particular circumstances.
13. Any contraband item identified during an inspection should be secured and retained for future
reference and use. If appropriate, such contraband should be delivered to law enforcement for
safekeeping.
14. In no event should any student be directed to disrobe and make available for canine detection any
garment beyond extra outer garments (e.g., coat, gloves, hat) usually left in a room where all such
articles are subject to canine examination. No student should be asked to remove clothing to an
extent which would suggest or hint of a “strip search” for the purpose of exposing removed
clothing to detection by a canine.
15. School administrators should consult with the Superintendent/designee before and after a canine
detection initiative, if practicable. Any unusual or remarkable incident during the detection
initiative should be reported promptly to the Superintendent/designee.
(continued)
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16. School administrators always should act independently, not as agents of law enforcement.
17. Reference should always be made to the School Board’s Search Policy.
CHAIN OF CUSTODY
1. A principal/designee in each school should be in charge of the custody of confiscated contraband.
2. Contraband should be placed inside a bag or an envelope and sealed with information regarding
the date, the student’s name, the searchers’ names and circumstances surrounding the seizure.
3. Seized contraband should be secured in a locked desk, cabinet or vault.
4. Seized contraband which is illegal should be promptly turned over to the proper law enforcement
authorities for safekeeping and latter use.