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Search and Seizure

 

In order to maintain a safe school environment for all students and staff, the S.S.F.U.S.D. School Board authorizes school officials to conduct searches of student lockers or other school/district property or student property if there is reasonable suspicion or grounds that the search will uncover evidence that a student is violating the law or the rules of the District or school.   

All searches will be conducted in the presence of another district employee, and no school employee shall conduct body cavity searches or searches that involve removing or rearranging clothing which permits visual inspection of underclothing, breasts, buttocks, or the genital area.   The parent shall be notified by the district as soon after the search as possible.  

Reasonable Cause

School officials shall consider the following in determining reasonable cause for a search:  

  1. The student’s age and previous behavior patterns
  2. The prevalence and seriousness of the problem in the school to which the search was directed
  3. The urgency requiring search without delay
  4. The substantive value and reliability of the information used as justification for the search
  5. The location of the student at the time of the incident which gave rise to reasonable suspicion

Student Lockers

 

Student lockers are under the joint control of the student, District and school officials. School officials have the right and ability to open and inspect any school locker without student permission when they have reasonable suspicion that the search will disclose evidence of illegal possessions or activity or when odors, smoke, fire, or other threats to student health, welfare, and safety emanate from the locker.  

For health and safety reasons, a general inspection of school properties, such as lockers and desks, may be conducted on a regular, announced basis, with students standing by their lockers or desks. Any items in a locker shall be considered the property of the student to whom the locker is assigned. Notice of this policy shall be given to all students.    

Legal References: Education Code 49050-49501 and Penal Code 626.9