JIH – Student Interrogations, Searches and Arrest

Interviews or Interrogations of Students by School Administrators When a violation of Board policy or school rules occurs, the principal or designee may question potential student victims and witnesses without prior consent of the student's parent/guardian. If a school official is investigating a report of child abuse and the suspected perpetrator is a member of the student's family, no contact with the student's family will be made. In situations where a student is suspected of violating Board policies or school rules, the principal or designee may interrogate the suspected student if the school official has reasonable grounds to suspect that such a violation has occurred. The nature and extent of the questioning must be reasonably related to the objectives of the questioning. If the student denies any involvement or culpability, the student will have the opportunity to present his or her side of the story, orally or in writing. Searches Conducted by School Personnel Searches may be conducted by a school official who has reasonable grounds for suspecting that a search will turn up evidence that the student has violated either the law or Board policy. When reasonable grounds for a search exist, school personnel may search a student and/or his property while on school premises or during a school activity under the circumstances outlined in this policy and may seize any illegal, unauthorized or contraband materials. Any search conducted by a school official shall respect the privacy of the student and not be any more intrusive than necessary considering the age and sex of the student and nature of the suspected infraction. Whenever possible, the student shall be informed of the reason(s) for conducting the search and the student's permission to perform the search shall be requested. A student's failure to cooperate with school officials conducting a search shall be considered grounds for disciplinary action. An administrative report shall be prepared by the school official conducting a search explaining the reasons for the search, the results and the names of any witnesses. If the search produces evidence to be used as the basis for disciplinary action, the report shall be filed in the student's discipline file. Definitions

1. "Reasonable suspicion" is the standard for a search on school property or at school activities carried out by school authorities. Reasonable suspicion should be based on facts provided by a reliable informant or personal observation which cause the school official to believe, based on his own experience, that search of a particular person, place or thing would lead to the discovery of evidence of a violation of Board policy or state laws. Reasonable suspicion requires more than a mere hunch.
2. "Contraband" consists of all substances or materials prohibited by Board policy or state law including but not limited to drugs, alcoholic beverages, a "deadly weapon/firearm," "weapon," or "facsimile," as described in Policy JICI.

Search of School Property School lockers, desks and other storage areas are school property and remain at all times under the control of the school. All such lockers, desks and other storage areas, as well as their contents, are subject to inspection at any time, with or without notice. School property provided for the use of students is subject to clean-outs, access for maintenance and search pursuant to this policy. Students shall assume full responsibility for the security of their lockers and/or other storage areas in the manner approved by the administration. Students shall be responsible for whatever is contained in desks and lockers assigned to them by the school as well as for any loss or damage relating to the contents of such desks and lockers. No student shall lock or otherwise impede access to any locker or storage area except with a lock provided by or approved by the principal of the school in which the locker or storage area is located. Unapproved locks shall be removed. The principal or his designee may search a desk, locker or any other storage area and its contents when he has reasonable grounds for a search. Whenever possible, another person shall be available to witness the search. Parking Lot/Vehicle Searches The privilege of bringing a student-operated motor vehicle on to school premises is conditioned on consent by the student driver to allow search of the vehicle when there is reasonable suspicion that the search will yield evidence of contraband. Refusal by a student, parent/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 vehicle shall be cause for termination without further hearing of the privilege of bringing the vehicle on to school premises. Refusal to submit to search also may result in disciplinary action and notification of law enforcement officials. Routine patrolling of student parking lots and inspection of the outside of student automobiles shall be permitted at all times. Search of the Student's Person or Personal Effects The principal or his designee may search the person of a student or a student's personal effects such as a purse, backpack, book bag, or briefcase on school property or at school-sponsored events or activities if the school official has reasonable grounds to believe that the search will uncover: Evidence of a violation of Board and/or district policies, school rules, or federal, state, or local laws. Anything which, because of its presence, presents an immediate danger of physical harm or illness to any person. Search of the person shall be limited to the student's pockets, any object in the student's possession such as a purse, briefcase, or backpack and/or a "pat down" of the exterior of the student's clothing. The extent of the search of a student's person or personal effects, as well as the means to conduct the search, must be reasonably related to the objectives of the search and the nature of the suspected violation. Searches of the person shall be conducted out of the presence of other students and as privately as possible, in light of the age and sex of the student. At least one but not more than three additional persons of the same sex as the student being searched shall witness but not participate in the search. Searches of a student's person and/or personal effects may be conducted without the prior consent of the student's parent/guardian. The parent or guardian of any student searched shall be notified of the search as soon as reasonably possible. Searches of the person which may require removal of clothing other than a coat or jacket or shoes, shall be referred to a law enforcement officer. School personnel shall not participate in such searches. Law Enforcement Officers' Involvement The principal or his designee may request a search on school premises be conducted by a law enforcement officer. When law enforcement authorities are involved in the search, the search will be conducted under criminal law standards rather than under the provisions of this policy. When law enforcement officers respond to such a request, no school employee shall assist or otherwise participate in the search unless under the direct order of the law enforcement officer. The principal or his designee may request the assistance of a law enforcement officer to:

1. conduct a search of school property including lockers, desks and other storage areas;
2. conduct a search of any motor vehicle or any object in the possession of the student such as a purse, briefcase or backpack if the student refused to permit school authorities to conduct such a search; In the case of such refusal, the principal or his designee may, but shall not be obligated to, first attempt to contact and secure assistance of the student's parent before involving a law enforcement officer; or
3. identify or take possession of prohibited items found in the course of a search conducted in accordance with this section.

If law enforcement personnel seek permission from school authorities to search a student, his property or school property to obtain evidence related to criminal activities, school officials shall require the police to produce a valid search warrant before the search is conducted unless:

1. there is uncoerced consent by the student;
2. there is probable cause and circumstances such that taking the time to obtain a search warrant would frustrate the purpose of the search; or
3. the search is incident to an arrest and is limited to the person and his immediate surroundings.

Interrogation When law enforcement officials request permission to question students when students are in school or participating in school activities, the principal or his designee shall be present unless a court order provides otherwise. It is the responsibility of the law enforcement officer interviewing student witnesses or interrogating student suspects to assure compliance with all applicable procedural safeguards. The principal or designee shall ascertain that the law enforcement officer has proper identification. Except when law enforcement officers have a warrant or other court order, or when an emergency, or other exigent circumstances exist, such interrogations and interviews are discouraged during students' class time. If the student is under 18, his parent(s) or legal guardian also shall be present unless the juvenile is emancipated as that term is defined in state law. Provided, however, in the event any school personnel have reasonable suspicion to believe that a violation of law is or has occurred, they will notify the appropriate Law Enforcement Official and report the suspected violation. Law Enforcement Officials responding to such a report shall be entitled to take all reasonable and lawful action as a result thereof. Upon request by law enforcement to interview a student witness or interrogate a student suspect, school officials shall notify the student's parent/guardian, except in cases involving investigation of reported child abuse where the suspected perpetrator is a member of the student's family, when law enforcement has a court order directing that the student's parent/guardian not be notified, or when an emergency or other exigent circumstances exist. If the student is under 18, the student's parent/guardian also shall be present during the law enforcement interrogation or interview unless: (1) the juvenile is emancipated as that term is defined in state law; (2) the student's parent/guardian has not been notified pursuant to this policy; or (3) the student's parent/guardian agrees to the interrogation or interview without being present. Every effort shall be made not to draw any attention to the student being questioned by conducting the interrogation in private and with as little disruption to the schedule as possible. Search and Seizure The principal or designee may request a search on school premises be conducted by a law enforcement officer. When law enforcement officers respond to such a request, no school employee shall assist or otherwise participate in the search. It is expected that searches by law enforcement will be conducted in accordance with the requirements of applicable law. Custody and/or Arrest Students will be released to law enforcement officers if the student has been placed under arrest or if the student's parent/guardian and the student consent to such release. When a student is removed from school by law enforcement officers for any reason, school officials will make reasonable efforts to notify the student's parent/guardian. When custody and/or arrest by the police is involved, the principal shall request that all procedural safeguards as prescribed by law be observed by the law enforcement officers. This includes all due process procedures including but not limited to obtaining proper arrest warrants where required. District staff is not responsible for an officer's legal compliance when arresting a student. Seizure of Items Anything found in the course of a search conducted by school officials which is evidence of a violation of law or Board policy or school rules or which by its presence presents an immediate danger of physical harm may be:

1. Seized, tested and/or offered as evidence in any suspension or expulsion proceeding. Such material shall be kept in a secure place by the principal until it is presented at the hearing. If testing a substance has shown it to be a controlled or counterfeit substance, written documentation or the identification of the substance shall be maintained and admitted as evidence in any suspension or expulsion proceeding; or
2. Turned over to any law enforcement officer in accordance with this policy.
3. Any law enforcement records, testing or reports relative to the seized item may also be used as evidence in any suspension or expulsion proceeding.

Appeals Within 10 school days after a search, the student may appeal the search decision to the superintendent who shall investigate the reason(s) and circumstances of the search. The superintendent shall issue written findings within five school days after receiving the appeal. The superintendent's decision shall constitute the final district determination. Adopted: May 10, 1999 Revised: September 10, 2012

Cross References:	JK – Student Discipline
	JICI – Weapons in School

Legal References:	C.R.S. 19-2-511 et seq
	C.R.S. 22-32-109.1 (2)(a)(I)(II)(policy required as part of safe schools plan).

Adoption Date: May 10, 1999 Last Revised: September 10, 2012