SCHOOL SEARCHES

A student’s legitimate expectation of privacy in their person and in the personal effects they bring to school must be balanced against the obligation of the school to maintain discipline and to provide a safe environment for the school community. Accordingly, school officials may conduct a search of the student’s person and personal effects based on a reasonable suspicion that the search will disclose evidence that the student is violating or has violated the law or a school rule. 

School officials do not need a warrant or a parent’s permission to conduct a search of the student and/or the school’s or a student’s personal property, as long as they have a reasonable suspicion that a law or school rule is being or has been violated. Whenever a school principal conducts a search of a student’s person or personal effects, an adult witness should be present. 

Students do not own their lockers or other school property. Lockers are made available to the student by the school. The student does have some expectation of privacy in his/her locker from other students.  However, a student may not exclude school officials if the school official has a reasonable suspicion that a law or school rule has been violated. 

A student has a greater expectation of privacy concerning his/her backpack, purse, clothing and other personal effects. A school official who finds it necessary to conduct a search of a student’s backpack, purse, clothing or personal effects, must have a reasonable suspicion that the student is violating or has violated a law or school rule. The student’s parents should be notified of any such search.

An alert from a trained and certified detector dog is sufficient to allow the school official to have a reasonable suspicion and to conduct a warrantless search of the student’s locker, car or his/her personal property and effects. In addition to this policy on searches by the school, every student is subject to the Archdiocesan and school use and privacy policies concerning cell phones and other electronic devices, whether the devices belong to the school or to the student.

If a student refuses to cooperate in a reasonable search of the school or student property (including electronic devices), the student’s parents and/or the police may be called for assistance or referral.

In the event that any items belonging to a student are confiscated, the principal should document that fact and, when possible, take a photograph of the place where the confiscated object was found and of the object itself.  It is also recommended that the school obtain a signature from the student acknowledging that the item was in his or her possession at the time it was found.