502.8 Search and Seizure

Code No. 502.8

SEARCH AND SEIZURE

School district property is held in public trust by the board. School district authorities may, without a search warrant, search students or protected student areas based on a reasonable and articulable suspicion that a school district policy, rule, regulation, or law has been violated. The search is in a manner reasonable in scope to maintain order and discipline in the schools, promote the educational environment, and protect the safety and welfare of students, employees, and visitors to the school district facilities. The furnishing of a locker, desk, or other facility or space owned by the school and provided as a courtesy to a student, even if the student provides the lock for it, will not create a protected student area and will not give rise to an expectation of privacy with respect to the locker, desk, or other facility.

School authorities may seize any illegal, unauthorized, or contraband materials discovered in the search. Items of contraband may include, but are not limited to, nonprescription controlled substances, marijuana, cocaine, amphetamines, barbiturates, apparatus used for controlled substances, alcoholic beverages, tobacco, weapons, explosives, poisons, and stolen property. Such items are not to be possessed by a student while they are on school district property or on property within the jurisdiction of the school district; while on school owned and/or operated school or chartered vehicles; while attending or engaged in school activities; and while away from school grounds if misconduct will directly affect the good order, efficient management, and welfare of the school district. Possession of such items will be grounds for disciplinary action including suspension or expulsion and may be reported to local law enforcement officials. The board believes that illegal, unauthorized, or contraband materials may cause material and substantial disruption to the school environment or presents a threat to the health and safety of students, employees, or visitors on the school district premises or property within the jurisdiction of the school district. It is the responsibility of the superintendent, in conjunction with the principals, to develop administrative regulations regarding this policy.

NOTE: This policy reflects the law regarding school district authority for searching students, their possessions and their lockers. Substantive changes were made to 502.8R1.

Legal Reference:     
U.S. Const. amend. IV.
New Jersey v. T.L.O., 469 U.S. 325 (1985).
Cason v. Cook, 810 F.2d 188 (8th Cir. 1987), cert. den., 482 U.S. 930 (1987). Iowa Code ch. 808A (2013).
281 I.A.C. 12.3(6).

Cross Reference:     
502 Student Rights and Responsibilities
503 Student Discipline

Approved: 10/28/09

Reviewed: 2/6/22

Revised: 1/6/10

Grinnell-Newburg School District, Grinnell, IA

502.8E1 Search and Seizure Checklist

Code No. 502.8E1

SEARCH AND SEIZURE CHECKLIST

  1. What factors caused you to have a reasonable and articulable suspicion that the search of this student or the student's effects or automobile would turn up evidence that the student has violated or is violating the law, school policy, rules, or regulations affecting school order?
    1. Eyewitness account.

By whom: ______________________________________________________​________

Date/Time: ______________________________________________________________

Place: ___________________________________________________________________

What was seen: ___________________________________________________________

________________________________________________________________________

________________________________________________________________________

________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

_________________________________________________________________________

  1. Information from a reliable source.

From whom: _______________________________________________________________

Time received: ______________________________________________________________

How information was received:__________________________________________________

Who received the information:___________________________________________________

Describe information: __________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

  1. Suspicious behavior? Explain. ___________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

  1. Student's past history?

Explain _____________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

  1. Time of search: _______________________________________________________________

____________________________________________________________________________

  1. Location of search:_____________________________________________________________

____________________________________________________________________________

  1. Student told purpose of search:___________________________________________________

____________________________________________________________________________

  1. Consent of student requested:____________________________________________________

____________________________________________________________________________

  1. Was the search you conducted reasonable in terms of scope and intrusiveness? __________________

_________________________________________________________________________________

  1. What were you searching for: ____________________________________________________

____________________________________________________________________________

  1. Where did you search? _________________________________________________________

___________________________________________________________________________

  1. Sex of the student: __________________
  2. Age of the student: __________________
  3. Exigency of the situation: _____________________________________________________

___________________________________________________________________________

  1. What type of search was being conducted:_________________________________________

___________________________________________________________________________

___________________________________________________________________________

  1. Who conducted the search: _____________________________________________________

Position:___________________________________________________Sex: _____________

  1. Witness(s): __________________________________________________________________

____________________________________________________________________________

____________________________________________________________________________

  1. Explanation of Search. ______________________________________________________________

_________________________________________________________________________________

_________________________________________________________________________________

  1. ​Describe the time and location of the search: ________________________________________

____________________________________________________________________________

____________________________________________________________________________

  1. B. Describe exactly what was searched: ____________________________________________

____________________________________________________________________________

____________________________________________________________________________

  1. What did the search yield: _______________________________________________________

_____________________________________________________________________________

  1. What was seized: _______________________________________________________________

_____________________________________________________________________________

  1. Were any materials turned over to law enforcement officials? ____________________________

______________________________________________________________________________

______________________________________________________________________________

  1. Were parents/legal guardians notified of the search including the reason for it and the scope: _______________

_____________________________________________________________________________

Signatures of all Present:

Signature: __________________________________ Date:________________

Signature: __________________________________ Date:________________

Signature: __________________________________ Date:________________

Signature: __________________________________ Date:________________

Signature: __________________________________ Date:________________

Approved: 10/28/09

Reviewed: 2/6/22

Revised: 1/6/10

Grinnell-Newburg School District, Grinnell, IA

502.8R1 Search and Seizure Regulation

Code No. 502.8R1

SEARCH AND SEIZURE REGULATION

  1. Searches, in general.
    1. Reasonable and Articulable Suspicion: A search of a student will be justified when there are reasonable grounds for the suspicion that the search will turn up evidence that the student has violated or is violating the law or school district policy, rules, or regulations affecting school order.

Reasonable suspicion may be formed by considering factors such as the following:

  1. eyewitness observations by employees;
  2. information received from reliable sources;
  3. suspicious behavior by the student; or,
  4. the student's past history and school record although this factor alone is not sufficient to provide the basis for reasonable suspicion.
  1. Reasonable Scope: A search will be permissible in its scope or intrusiveness when the measures adopted are reasonably related to the objectives of the search. Reasonableness of scope or intrusiveness may be determined based on factors such as the following:
    1. the age of the student;
    2. the sex of the student;
    3. the nature of the infraction; and
    4. the emergency requiring the search without delay.
  1. Types of Searches
    1. Personal Searches
      1. A student's person and/or personal effects (e.g., purse, backpack, etc.) may be searched when a school official has reasonable suspicion to believe the student is in possession of illegal or contraband items or has violated school district policies, rules, regulations or the law affecting school order.
      2. Personally intrusive searches will require more compelling circumstances to be considered reasonable.
        1. Pat-Down Search: If a pat-down search or a search of a student's garments (such as jackets, socks, pockets, etc.) is conducted, it will be conducted in private by a school official of the same sex as the student and with another adult witness of the same sex present, when feasible.
        2. A more intrusive search, short of a strip search, of the student's person, handbags, book bags, etc., is permissible in emergency situations when the health and safety of students, employees, or visitors are threatened.

Such a  search may only be conducted in private by a school official of the same sex as the student, with an adult of the same sex present unless the health or safety of students will be endangered by the delay which may be caused by following these procedures.

  1. In accordance with Iowa law, strip searches are not permitted.
  1. Locker and Desk Inspections

Although school lockers and desks are temporarily assigned to individual students, they remain the property of the school district at all times. The school district has a reasonable and valid interest in insuring the lockers and desks are properly maintained. For this reason, lockers and desks are subject to an announced inspections and students have no legitimate expectations of privacy in the locker or desk. Periodic inspections of all or a random selection of lockers or desks may be conducted by school officials in the presence of the student or another individual. Any contraband discovered during such searches will be confiscated by school officials and may be turned over to law enforcement officials.

The contents of a student's locker or desk (coat, backpack, purse, etc.) may be searched when a school official has reasonable and articulable suspicion that the contents contains illegal or contraband items or evidence of a violation of law or  school policy or rule. Such searches should be conducted in the presence of another school employee witness when feasible.

  1. Automobile Searches

Students are permitted to park on school premises as a matter of privilege, not of right. The school retains authority to conduct routine patrols of the student parking lots. The interior of a student's automobile on the school premises may be searched if the school official has reasonable and articulable suspicion to believe that illegal, unauthorized or contraband items are contained inside.

Approved: 10/28/09

Reviewed: 2/6/22

Revised: 1/6/10

Grinnell-Newburg School District, Grinnell, IA