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NON-SUBSTANTIVE: DATE CHANGE
5145.12P
STUDENTS
SEARCH AND SEIZURE
School administrators have the authority to conduct reasonable searches and seize materials in
accordance with this policy for the purpose of maintaining a safe, orderly environment and for
upholding standards of conduct established by the Board of Education or school. This policy
does not apply to investigations conducted by law enforcement officials or to investigations
conducted exclusively for the purpose of criminal prosecution.
Reasonable suspicion that a student has unauthorized or illegal materials is generally required
before an individual may be singled out for a search. Reasonable suspicion is not required if a
student freely, voluntarily and knowingly consents and agrees to the search of his/her person
or personal effects.
1. Search of a Student and His/Her Effects
Fourth Amendment rights to be free from unreasonable searches and seizures apply to
searches conducted by public school officials. A student and his/her effects may be
searched if 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 or the Board of Education.” The way the search is conducted should be
“reasonably 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.”
(a) A “pat down” search of a student’s clothing must be conducted in private by a
school official of the same sex and with an adult witness present.
2. Search of a Locker, Desk and Other Storage Area
A. Lockers, desks and other storage areas provided by the school system for use by
students are the property of the school system. Such storage areas are provided
for the temporary convenience of students only. The Board of Education
authorizes the administration and/or law enforcement officials to search lockers
and other school property available for use by students for the presence of
weapons, contraband or the fruits of a crime if there are reasonable grounds at
the inception of the search for suspecting that the search will reveal evidence
that the student has violated or is violating either the law or the rules of the
school. Moreover, the scope of the search shall be reasonably related to the
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objectives of the search and shall not be excessively intrusive in light of the age
and sex of the student and the nature of the infraction.
B. If the school administration reasonably suspects that a student is not
maintaining a locker or other storage area assigned to him/her in a sanitary
condition, or that the storage area contains items the possession of which is
illegal or in violation of school regulations or that endangers the health, safety or
welfare of the student or others, it has the right to open and examine the
storage area and to seize any such items that are found.
C. When required by law and otherwise at the option of the building Principal,
items that have been seized shall be submitted to the police department for
proper disposition. Items not submitted to the police department shall be
disposed of as directed by the building Principal.
D. The decision to search shall be made by the Principal or the Principal’s designee.
The search shall be made in the presence of at least one witness. Discovery of
illegal or dangerous materials shall be reported to the Superintendent.
3. Searches of Student Motor Vehicles
Students are permitted to park on school premises as a matter of privilege, not of right.
The school retains authority to patrol student parking lots at any time, without notice or
consent. The interiors of vehicles on school property may be searched if a school official
has reasonable suspicion to believe that illegal, unauthorized or contraband items as
defined in Student Discipline Policy #5144, other evidence of a crime or violation of
district policy, or items which may be a threat to safety or security are contained inside.
4. Use of Trained Dogs
The District may elect to ask law enforcement officers to use specially trained drug dogs
to alert the dog’s handler to the presence of controlled substances in school facilities,
grounds and parking lots, at the discretion of the Superintendent or designee. The
trained drug dogs may sniff lockers, student motor vehicles, and other inanimate
objects. Such inspections are not considered searches and do not require notice or
consent. Only the trained dog’s handler will determine what constitutes an alert by the
dog. A drug dog’s alert constitutes reasonable suspicion for district officials to search
the lockers, personal items or vehicles. Such a search by District officials may be
conducted without notice or consent, and without a search warrant.
Dogs may not be used for random searches of students or other persons.
Legal References: Connecticut General Statutes
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Section 10221 Boards of Education to prescribe rules
Section 5433n Searches
New Jersey v. T.L.O. ; 469 U.S. 325 (1985)
This replaces Policy #5145.121
Policy adopted: March 8, 2011
Policy revised: January 12, 2021
COLCHESTER PUBLIC SCHOOLS
Colchester, Connecticut
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