- Westonka Public Schools
- Policies
- 5000 Students
POLICY 5155: SEARCH OF DESKS, PERSONAL POSSESSIONS AND STUDENT’S PERSON
Revised: March 13, 2023
I. PURPOSE
The purpose of this policy is to provide for a safe and educational environment by enforcing the school district’s policies against contraband. For the policy on searches of student lockers and possessions within a locker, please see Policy 5156 Search of Student Lockers and Personal Possessions in Lockers.
II. GENERAL STATEMENT OF POLICY
- Desks: School desks are the property of the school district. At no time does the school district relinquish its exclusive control of desks provided for the convenience of students. Inspection of the interior of desks may be conducted by school officials for any reason at any time, without notice, without student consent, and without a search warrant.
- Personal Possessions and Student’s Person: The personal possessionsof students and/or a student’s personmay be searched when school officials have a reasonable suspicion that the search will uncover a violation of law or school rules. The search will be reasonable in its scope and intrusiveness.
- A violation of this policy occurs when students use desks for unauthorized purposes or to store contraband. A violation occurs when students carry contraband on their person or in their personal possessions.
III. DEFINITIONS
- “Contraband” means any unauthorized item possession of which is prohibited by school district policy and/or law. It includes but is not limited to weapons and “look-alikes,” alcoholic beverages, nonintoxicating cannabinoids, edible cannabinoids, controlled substances and “look-alikes,” overdue books and other materials belonging to the school district, and stolen property.
- “Personal possessions” includes but is not limited to purses, backpacks, bookbags, packages, clothing, and electronic devices, which include but are not limited to cell phones, computers, external storage devices and other mobile devices.
- “Reasonable suspicion” means that a school official has grounds to believe that the search will result in evidence of a violation of school district policy, rules, and/or law. Reasonable suspicion may be based on a school official’s personal observation, a report from a student, parent or staff member, a student’s suspicious behavior, a student’s age and past history or record of conduct both in and out of the school context, or other reliable sources of information.
- “Reasonable scope” means that the scope and/or intrusiveness of the search is reasonably related to the objectives of the search. Factors to consider in determining what is reasonable include the seriousness of the suspected infraction, the reliability of the information, the necessity of acting without delay, the existence of exigent circumstances necessitating an immediate search and further investigation (e.g. to prevent violence, serious and immediate risk of harm or destruction of evidence), and the age of the student.
- “Weapon” means any object, device or instrument designed as a weapon or through its use is capable of threatening or producing bodily harm or which may be used to inflict self-injury including, but not limited to, any firearm, whether loaded or unloaded; airguns; pellet guns; BB guns; all knives; blades; clubs; metal knuckles; nunchucks; throwing stars; explosives; fireworks; mace and other propellants; stunguns; ammunition; poisons; chains; arrows; and objects that have been modified to serve asa weapon.
IV. PROCEDURES
- School officials may inspect the personal possessions of a student and/or a student’s person based on a reasonable suspicion that the search will uncover a violation of law or school rules. A search of personal possessions of a student and/or a student’s person will be reasonable in its scope and intrusiveness.
- Whenever feasible, a search of a person shall be conducted in private by a school official of the same sex. A second school official of the same sex shall be present as an observer during the search of a person whenever feasible.
- A “pat-down search” is a search conducted by an administrator or designee which involves physical touching of a person’s clothing while on his/her body to detect any concealed weapon, drugs, or other contraband.
- A strip search is a search conducted by an administrator or designee that involves the removal of coverings or clothing from private areas. Strip searches will be conducted only where school officials have a reasonable suspicion that (1) the contraband presents an imminent danger to students and (2) the student is concealing the contraband in the student’s undergarments. Mass strip searches, or body cavity searches, are prohibited.
- Portions of this policy may be printed in the student handbook and shall be disseminated to parents and students in the way other policies of general application to students are disseminated.
V. DIRECTIVES AND GUIDELINES
School administration may establish reasonable directives and guidelines which address specific needs of the school district, such as standards of cleanliness and care, posting of pin-ups and posters which may constitute sexual harassment, etc.
VI. SEIZURE OF CONTRABAND
If a search yields contraband, school officials will seize the item and, where appropriate, turn it over to legal officials for ultimate disposition.
VII. VIOLATIONS
A student found to have violated this policy and/or the directives and guidelines implementing it shall be subject to discipline in accordance with the school district’s Student Discipline Policy, which may include suspension, exclusion, or expulsion, and the student may, when appropriate, be referred to legal officials.
Legal References:
- U.S. Const., amend. IV
- Minn. Const., art. I, §10
- New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985)
- G.C. v. Owensboro Public Schools, 711 F.3d 623 (6th Cir. 2013)
Adopted: February 10, 2003