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Lodi Unified School District

Policy 5145.12 - Search & Seizure

Series: 5000 - Students 

Policy: 5145.12 - Search and Seizure

Adopted: 01/08/1996

Last Revised: 09/03/2024

Last Reviewed: 09/03/2024

Download Policy 5145.12 - Search and Seizure PDF (English)

Download Rule 5145.12 - Search and Seizure PDF (English)

Search & Seizure

The Board of Education is fully committed to promoting a safe learning environment and, to the extent possible, eliminating the possession and use of weapons, illegal drugs, and other controlled substances by students on school premises and at school activities. As necessary to protect the health and welfare of students and staff, and only as authorized by law, Board policy, and rule, school officials may search students, their property, and/or district property under their control and may seize illegal, unsafe, or otherwise prohibited items. School officials shall exercise discretion and use good judgment when conducting searches.
The Superintendent or designee shall ensure that staff who conduct student searches receive training regarding the requirements of the district's policy and rule and other legal issues, as appropriate.
 
Searches Based on Individualized Suspicion
School officials may search an individual student, the student's property, or district property under the student's control when there is a reasonable suspicion that the search will uncover evidence that the student is violating the law, Board policy, Board rule, or other rules of the district or the school. Reasonable suspicion shall be based on specific and objective facts that the search will produce evidence related to the alleged violation.
 
Any search of a student, the student's property, or district property under the student's control shall be limited in scope and designed to produce evidence related to the alleged violation. Factors to be considered by school officials when determining the scope of the search shall include the danger to the health or safety of students or staff, such as the possession of weapons, drugs, or other dangerous instruments, and whether the item(s) to be searched by school officials are reasonably related to the contraband to be found. In addition, school officials shall consider the intrusiveness of the search in light of the student's age, gender, and the nature of the alleged violation.
 
The types of student property that may be searched by school officials include, but are not limited to, lockers, desks, purses, backpacks, and student vehicles parked on district property.
 
A student's personal electronic device may be searched only if a school official, in good faith, believes that an emergency involving danger of death or serious physical injury to the student, or others requires access to the electronic device information.
 
Employees shall not conduct strip searches or body cavity searches of any student.
 
Searches of individual students shall be conducted in the presence of at least two district employees.
 
The principal or designee shall notify the parent/guardian of a student subjected to an individualized search as soon as possible after the search.
 
Searches of Student Lockers and Desks
All student lockers and desks are the property of the district. The principal or designee may conduct a general inspection of school properties that are within the control of students, such as lockers and desks, on a regular, announced basis, with students standing by their assigned lockers or desks. Any items contained in a locker or desk shall be considered to be the property of the student to whom the locker or desk was assigned.
 
Use of Metal Detectors
The Board finds that the growing presence of weapons in the schools threatens the district’s ability to provide the safe and orderly learning environment to which our district’s students and staff are entitled. The Board also finds that random metal detector searches offer a reasonable means to keep weapons out of the schools and mitigate the fears of students and staff.
 
The Superintendent or designee shall use metal detectors as necessary to keep weapons out of schools and help provide a safe learning environment. The Superintendent or designee shall establish a plan to ensure that metal detector searches are conducted in a uniform and consistent manner.
 
Use of Contraband Detection Dogs
In an effort to keep the schools free of dangerous contraband, the district may use specially trained, nonaggressive dogs to sniff out and alert staff to the presence of substances prohibited by law or Board policy. The dogs may sniff the air around lockers, desks, or vehicles on district property or at district-sponsored events. Dogs shall not sniff within the close proximity of students or other persons and may not sniff any personal items on those persons without individualized suspicion.

Legal References

Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the Board to enact this policy.  Instead, they are provided as additional resources for those interested in the subject matter of the policy.
 
Legal References:
STATE
CA CONSTITUTION ARTICLE 1, SECTION 28
Right to Safe Schools
EDUCATION CODE
32280-32289.5 School safety plans
35160 Authority of governing boards
35160.1 Broad authority of school districts
48900-48927 Suspension and expulsion
49050-49051 Searches by school employees
49330-49335 Injurious objects
PENAL CODE
1546-1546.1 Production of or access to electronic communication information
626.10 Dirks, daggers, knives or razor
626.9 Gun-Free School Zone Act of 1995
 
MANAGEMENT RESOURCES
ATTORNEY GENERAL OPINION
83 Ops.Cal.Atty.Gen. 257 (2000)
75 Ops.Cal.Atty.Gen. 155 (1992)
COURT DECISIONS
In re William G (1985) 40 Cal. 3d 550
In re Latasha W. (1998), 60 Cal. App. 4th 1524
In Re William V. (2003) 111 Cal.App.4th 1464
Klump v. Nazareth Area School District (E.D. Pa. 2006) 425 F. Supp. 2d 622, 640
In re Cody S., 121 Cal. App. 4th 86, 92 (2004)
In re Sean A. (2010) 191 Cal. App. 4th 182
In G.C. v. Owensboro Public Schools (6th Cir. 2013) 711 F.3d 623
Redding v. Safford Unified School District (2009) 557 U.S. 364
Zamora v. Pomeroy (10th Cir. 1981) 639 F.2d 662
B.C. v. Plumas (9th Cir. 1999) 192 F.3d 1260
Horton v. Goose Creek Independent School District (5th Cir. 1982) 690 F.2d 470
Jennings v. Joshua Independent School District (5th Cir. 1992) 948 F.2d 194
New Jersey v. T.L.O. (1985) 469 U.S. 325
O'Conner v. Ortega (1987) 480 U.S. 709
NATIONAL INSTITUTE OF JUSTICE PUBLICATION
The Appropriate and Effective Use of Security Technologies in U.S. Schools: A Guide for Schools and Law Enforcement Agencies, 1999
WEBSITES
CSBA District and County Office of Education Legal Services https://legalservices.csba.org/
National Institute of Justice http://www.ojp.usdoj.gov/nij
California Department of Education, Safe Schools http://www.cde.ca.gov/ls/ss
California Attorney General's Office http://oag.ca.gov/

Rule 5145.12

Under the following conditions, school officials may conduct searches of pupils, their personal belongings and school property under joint control:

  1. If there are reasonable grounds based on facts to suspect that the search will produce evidence that the pupil is violating the law or school regulations.
  2. If the person conducting the search can state which law or school rule has been or is being violated.
  3. If the factual basis for the search is recent and credible.
  4. If the measures taken in conducting the search are reasonably related to the objectives of the search and are not excessively intrusive in light of the age and sex of the pupil and the nature of the violation.
  5. If the evidence seized from the search of the student is to be given to law enforcement or to be used in student discipline proceedings.

If a search discloses evidence of other breaches of the law or of the school rule, the search may then proceed to the extent justified by the newer discovered evidence.

Each search of a pupil shall be conducted by a school official of the same sex as the pupil being searched and shall be conducted in the presence of a third party of the same sex as the pupil being searched. In cases of immediate threat to the physical safety of other persons, a pupil may be searched by either sex without a witness. Under no circumstance may a strip search or a visual or physical body cavity search of a pupil be conducted.

A school official may search student lockers or other enclosures used by pupils for storage or any areas accessible to pupils including school buses. Except in a situation involving a clear and present danger to the lives, safety or health of pupils or school personnel, a search of student lockers, etc., or pupil possessions must be performed in the presence of another staff member and, if possible, the student. A genuine attempt shall be made to find the student from the current or next class period (excluding lunch period). If a student is absent for any reason from the current or next class period, the search can proceed. If the presence of an explosive is suspected, the school official may ask law enforcement to conduct the search.

At the beginning of the year or upon enrollment, all students will be given a written notice that the lockers are school property and subject to being opened by school staff.

Use of Trained Detection Canines

In the utilization of trained detection canines, the district will adhere to the following administrative guidelines:

  1. Under no circumstances will a canine be allowed to sniff the person of a student, employee, patron, visitor or anyone else while on District property or at any district-sponsored event. The canines shall not be used in classrooms occupied by students, except for demonstration purposes.
  2. A canine may be used to sniff lockers, common areas, desks, bags, items, or vehicles that are on district property and school sponsored events.
  3. Only the canine's official handler will determine what constitutes an alert by the canine. If the canine alerts to a particular item or place, the person responsible for that item or place will be called to the scene to witness the search if available. Ownership of the item or place will be established and search activities will be conducted in accordance with District policy and applicable law.
  4. In the event that the canine alerts on a vehicle, the owner or person bringing it on to District property or school sponsored events shall be asked to open the vehicle for inspection to be conducted by the canine handler. Refusal to open the vehicle for inspection may result in referring the matter to law enforcement officials, disciplinary action including, but not limited to, suspension or expulsion of students, and the loss of parking privileges for students. Visitors or patrons may be banned from District property.
  5. Discovery of prohibited substances or items may result in referral to law enforcement or disciplinary actions in accordance with District policy with respect to students.
  6. Students shall be informed of this policy at the beginning of each school year or upon their enrollment. For purposes of this policy a designee is a full-time certificated employee at the school site specifically designated by the principal, in writing, to assist with disciplinary procedure.