STUDENTS RIGHTS AND RESPONSIBILITIES CIVIL RIGHTS OF MINORS/INTERROGATIONS AND SEARCHES
See "Uniform Code of Discipline and Student's Rights and Responsibilities" handbook, which is made a part of this policy manual, for specific provisions regarding student interrogation and search and seizure.
Students have rights which have been established and guaranteed by the Fourth Amendment of the United States Constitution protecting their right of privacy of their person and freedom from unreasonable search and seizure of property. The district may conduct reasonable searches and seizures such as the following:
- The district retains the authority to search regardless of whether the student has given consent or is present for the search of school property assigned to the student. The following guidelines apply to the seizure of items in the student's possession and the search of the student's school property (locker, desk);
- There must be a reasonable suspicion to believe the student is in possession of an article, possession of which constitutes illegal behavior under this policy; or
- There must be a reason to believe that the student is using their locker, desk or other property in such a way as to endanger their own health or safety or the health, safety and rights of other persons.
- The deterrence of the possession of weapons, dangerous objects, or illegal substances or paraphernalia as defined by this policy is necessary to promote health and safety within the school setting and to provide a school environment conducive to education. When the administration in any school has reasonable suspicion to believe that weapons, illegal substances, or dangerous objects are in the possession of unidentified students; when there has been a pattern of weapons, illegal substances, or dangerous objects found at a school, on school property, at a school function or in the vicinity of a school; or when violence involving weapons has occurred at a school or on school property, at school functions or in the vicinity of the school, the administration is authorized to use stationary or mobile metal detectors. School personnel operating the metal detectors must comply with the rules and regulations for the use of such devices as adopted by the Board.
- The district retains the right to search in emergency situations, such as a bomb threat or a belief that there are weapons or dangerous materials on the premises. In the event of such clearly defined emergency, the principal or designee has the right to enter. The student shall be notified of such action as soon thereafter as possible.
The State of Michigan Department of Social Services has the right to search students during an investigation of a report of child abuse or neglect, but only in accordance with the law.
Police officials possess the right to question students during school hours, in accordance with rules and regulations adopted by the Board (See Policy LDAJA). They also possess the right to arrest a person, including students, and may conduct a lawful search without a warrant when the officer has reasonable cause to believe that the person has committed a felony, or when a misdemeanor was committed in the officer's presence.
