Morris School District
MORRIS SCHOOL DISTRICT
Morristown, New Jersey 07960

Policy
File Code: 5145.12-R
Monitored:
Mandated:
Other Reasons
SEARCH AND SEIZURE

The Board of Education directs that any search by school officials of a Morris School District student's person or property conform to the "reasonableness" standard established by the United States Supreme Court. These rules and regulations have been promulgated to provide guidelines for district personnel.
  1. School officials need not obtain a warrant before searching a student who is under their authority if the search is "reasonable under all the circumstances."

  2. A search is "reasonable under all the circumstances" if it is:

    1. Justified at its inception; and

    2. Permissible in its scope.

  3. A search is justified at its inception when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school. A school official must have a definite reason for suspecting that a particular student committed a specific offense. For example, in T.L.O. a teacher caught a student smoking in a bathroom in violation of school rules. When questioned by a principal, the student denied having been smoking. This report by the teacher and denial by the student justified the principal's search of the student's purse for evidence that she had been smoking. A school official contemplating searching a student should have an articulable reason or suspecting that the student has committed or will commit an offense. A mere "hunch" or "feeling" that a student has done something wrong is not sufficient. A blanket search of an entire class because an item is missing is not justified.

  4. A search is permissible in its scope when the measures adopted are reasonable related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction. This provision requires a common sense approach. A reasonable suspicion that a student was carrying a deadly weapon would justify a thorough and intrusive search, taking into account the size and nature of the weapon and the possibilities of its concealment. A search for a water pistol should not be intrusive. The reasonableness standard should ensure that the interests of students will be invaded no more than is necessary to achieve the legitimate end of preserving order in the school.

  5. All assigned school property (i.e., lockers, desks, etc.) is subject to random periodic administrative search, to ensure compliance with school regulations. A minimum of two staff members shall be present to witness searched and seized properties. Students shall be informed of this policy when said property is assigned.

  6. If possible, the police shall be involved in any searches for deadly weapons, controlled dangerous substances, or evidence of serious criminal activity. Searches performed on school property by the police or by school officials at the behest of the police are NOT subject to the warrant-less search/reasonableness standards. Such searches are subject to the probable cause/warrant requirements generally applicable to police searches.

  7. The principal of each school shall maintain a "search file." Each time a search is performed on school property, he/she shall record in the file:

    1. The names of all school officials involved in the search;

    2. The names of the students who were searched or otherwise involved in the search;

    3. The reason the search was performed;

    4. The basis of the information leading to the search;

    5. The manner in which the search was conducted and the methods used in the search;

    6. Whether or not anything was found, and a description of any items found in the search;

    7. The disposition of any evidence found in the search (i.e., confiscated and turned over to the police, returned to the student, etc.)

  8. In order to maintain a coherent "chain of custody" for seized items, all items seized in a search shall be marked with:

    1. The initials of the person(s) who seized the item:

    2. The date the item was seized;

    3. The name of the student(s) involved, if known; and

    4. A brief description of the item seized, or if multiple items, a list briefly describing each item.

  9. The principal of each school shall maintain a suitable locked storage area for holding seized items. Access to this storage area shall be limited to the principal and authorized persons designed by the principal. All seized evidence shall be transferred into the custody of the principal, who shall deposit the items in the locked storage area.

  10. In the case of contraband, weapons, controlled dangerous substances or other illegal items, the principal shall notify the police after such items have been deposited in the storage area. Such items should be turned over to the police as quickly as possible. A receipt shall be obtained whenever evidence is turned over to the police. The name of the officer to whom the evidence was given, his/her badge number and the date the evidence was turned over to the police shall be recorded in the "search file" and on the school incident report.
Date: April 14, 1986
March 11, 1991 Revised

Key Words
Search and Seizure, Locker Searches, Substance Abuse, Seizure
 

Morris School District | 31 Hazel Street | Morristown, New Jersey | Phone: 973-292-2300
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