Students Interrogations, Searches and Arrests

 

Durango School District 9-R seeks to maintain a climate in the schools which is conducive to learning and protective of the safety and welfare of staff and students. To achieve this goal, it may be necessary for school personnel to search the person and/or the personal property of the student and to seize any property deemed injurious or detrimental to the safety and welfare of students and staff.

 

Interviews by school administrators–When a violation occurs, the principal or designee may question potential student victims and witnesses without prior consent of the student’s parent/guardian.

 

Interrogations by school administrators–Upon suspected involvement in a violation, the principal or designee may question a student. If the student denies any involvement or culpability, the student will have the opportunity to present their side of the story orally or in writing.

 

Search of school property–School lockers, desks and other storage areas are school property and remain at all times under the control of the school. All such lockers, desks any other storage areas, as well as their contents, are subject to inspection at any time, with or without notice. Students shall be responsible for whatever is contained in desks and lockers assigned to them by the school, as well as from any loss or damage relating to the contents of such desks and lockers.

 

Search of the student’s person or personal effects–The principal or designee may search the person of a student or a student’s personal effects such as a purse, backpack, book bag, or briefcase on school property or at school-sponsored events or activities if the school official has reasonable grounds to suspect that the search will uncover: evidence of a violation of policy, rules, or laws; or anything because of its presence presents an immediate danger of physical harm or illness to any person.

 

Searches shall be limited to the student’s pockets, any object in the student’s possession such as a purse, backpack, etc. and a “pat down” of the exterior of the student’s clothing.

 

Searches shall be conducted as privately as possible and shall be respectful of the situation.

 

Searches may be conducted without the parent/guardian’s consent. However, the parent/guardian of any student searched shall be notified of the search as soon as reasonably possible.

 

Parking lot searches–Routine patrolling of student parking lots and inspection of the outside of student automobiles shall be permitted at all times. The privilege of bringing a student-operated motor vehicle on to school premises is conditioned on consent by the student driver to allow search of the vehicle when there is reasonable suspicion that the search will yield evidence of contraband. Refusal by a student, parent/guardian, or owner of the vehicle to allow access to a motor vehicle on school premises at the time of a request to search the vehicle shall be cause for termination without further hearing of the privilege of bringing the vehicle on to school premises. Refusal to submit to search also may result in disciplinary action and notification of law enforcement officials.

 

Law enforcement officers’ interrogations and interviews are discouraged during students’ class time, unless the law enforcement officers have a warrant or other court order, or when an emergency or other exigent circumstance exists.

 

It is the responsibility of the law enforcement officer interviewing student witnesses or interrogating student suspects to assure compliance with all applicable procedural safeguards. Upon request by law enforcement to interview a student witness or interrogate a student suspect, school officials shall make an effort to notify the student’s parent/guardian, except in cases involving investigation of reported child abuse where the suspected perpetrator is a member of the student’s family, when law enforcement has a court order directing that the student’s parent/guardian not be notified, or when an emergency or other exigent circumstances exist. However, whether or not to postpone the interview or interrogation until the parent/guardian arrives is the law enforcement officer’s decision.

 

The district may conduct unannounced searches using dogs trained to uncover drugs, alcohol, weapons and other contraband.

 

Custody and/or arrest–Students will be released to law enforcement officers if the student has been placed under arrest or if the student’s parent/guardian and the student consent to such release. When a student is removed from school by law enforcement officers for any reason, school officials will make reasonable efforts to notify the student’s parent/guardian.