Series 5000: Students

5145.12 Search and Seizure

Desks and School Lockers 

Desks and school lockers are the property of the schools. The right to inspect desks and lockers  assigned to students may be exercised by school officials to safeguard students, their property and  school property with reasonable care for the Fourth Amendment rights of students. 

The exercise of the right to inspect also requires protection of each student's personal privacy and  protection from coercion. An authorized school administrator may search a student's locker or desk  under three (3) conditions: 

1. There is reason to believe that the student's desk or locker contains the probable presence of  contraband material. 

2. The probable presence of contraband material poses a serious threat to the maintenance of  discipline, order, safety and health in the school. 

3. The student(s) have been informed in advance that school Board policy allows desks and  lockers to be inspected if the administration has reason to believe that materials injurious to  the best interests of students and the school are contained therein. 

Student Search 

A student 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 the  scope of the search must be reasonably related to the objectives of the search and the nature of the infraction. 

Legal Reference:

Connecticut General Statutes 

10-221 Boards of education to prescribe rules 

54-33n Searches 

New Jersey v. T.L.O., 469 US 325; 105 S.CT.733 

Safford Unified School District #1 vs Redding (U.S. Sup. Ct. 08-479) 

Policy adopted: February 12, 2018 THOMASTON PUBLIC SCHOOLS Thomaston, Connecticut

Justification for Student Searches 

Students possess the right to be free of unreasonable searches and seizures under the fourth  amendment of the Constitution of the United States. Balanced against this right is the school  officials' responsibility to create and maintain an environment consistent with school's educational  mission. School officials have a duty to protect the health, safety and welfare of all students under their authority.

Prohibited Items 

Students are requested not to bring to school items or substances which would disrupt the  educational function of the school or which are prohibited by school board regulations or by law.  Examples of items or substances in this category are weapons, clubs, explosives, firecrackers,  alcoholic beverages and nonprescription drugs or drug paraphernalia. 

Lockers and Other School Property 

Lockers and other storage spaces are provided to students for their convenience. These storage  areas remain school property, and as such, are subject to inspections by school authorities. The purpose of such inspections is not to collect evidence of wrongdoing on the part of a single student, but rather to allow school authorities responsible for the appropriate use of school property the  opportunity to confirm that lockers are being used in a manner consistent with the health and safety  of all students. Students are therefore warned not to store items in lockers which they do not want to  bring to the attention of school authorities. 

Emergencies 

Circumstances which put the safety of students or school staff at risk or could result in substantial  property damage also will constitute sufficient reasons for school or police officials to conduct a  thorough search of all school property. A bomb scare is an example of such an emergency. 

Student Searches 

School authorities are authorized to conduct searches of students or their property when reasonable suspicion indicates that a particular student is in possession of an item or a substance that represents a material threat to school routine or is prohibited by school board regulations or by law. Student  property shall include, but not be limited to, purses, bookbags and cars. If students don't have access  to their cars during school hours, the justification for searching student-driven cars is removed.  School authorities in cooperation with the local police department reserve the right to conduct sniff  searches with dogs of school property and student-driven cars.

Police Notification 

With regard to possession of items that constitute a violation of law, school authorities may wish to cooperate with the appropriate law enforcement agencies in the interest of preserving the integrity  of the school's educational mission. 

Lockers and Other School Property (Desks) 

1. The School Principal or his/her designee shall maintain an accurate list of all locker assignments and either a master key or combinations to all lockers. 

2. At the time a student is assigned a locker or other storage space, he or she shall be informed  that school authorities are empowered to conduct inspections of school lockers. 

3. Students also will be informed of the following locker regulations: 

A. Students are responsible for the contents of the locker assigned to them.

B. Students are not to give other students access to their locker. 

4. The exercise of that right to inspect also requires protection of each student's personal  privacy and protection from coercion. An authorized school administrator may search a  student's desk or locker under the following conditions:

A. There is reason to believe that the students' desk or locker contains contraband  material and the presence of said material poses a serious threat to the maintenance  of discipline, order, safety or health in the school. 

B. The search of a group of students' desks or a group of students' lockers where no  particular student within the group is suspected may be conducted only if there is a  reasonable suspicion of conduct immediately harmful to students, staff or school  property. 

Prescription Drugs

Students who have a legitimate need to bring prescription drugs to school should register this  information in the nurse's office. (cf. 5141.21 - Administration of Medication) 

Lost or Abandoned Items 

Lost or abandoned items will be inspected by school authorities.

Student Searches 

1. All searches of students shall be conducted or authorized by the principal or designee, in the  presence of a witness. 

2. The school administrator may order the student to submit to a search. If the student refuses  to obey the order, the school administrator may bring insubordination charges against the  student as stipulated in applicable school regulations. 

3. Searches should be no more intrusive than necessary to discover that for which the search  was instigated. 

4. A search of a student's handbag, gym bag or similar personal property carried by a student  may be conducted if there is "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. 

5. Locker searches shall be conducted in the presence of another staff member and in the  presence of the student responsible for the contents of the locker, if possible. 

6. Searches may include, if school authorities think necessary, a frisk or patdown of student  clothing. Frisk or patdown searches shall be conducted by a member of the same sex as the  student and in the presence of another staff member. 

7. At no time should school officials conduct a search which requires a student to remove  more clothing than his/her shoes or jacket. If school authorities are convinced that a more  intrusive search is required to expose contraband they should advise the proper law  enforcement agency. 

8. A search of a student's person, or a search of a group of students where no particular student  within the group is suspected, may be conducted only if there is a reasonable suspicion of  conduct immediately harmful to students, staff or school property. 

9. Student searches which disclose evidence of school misconduct, but not criminal  misconduct, should be treated according to applicable policies and/or regulations. 

10. In the event that a student search discloses evidence of criminal wrongdoing, the school  principal or his/her designee shall determine whether or not police officials should be  notified of the fruits of the search. If police officials are notified the student's parents should  be advised of this fact as soon as possible.

Student Notification 

Students shall be informed annually that Board policy allows student search and school desk/locker search. 

Legal Reference: Connecticut General Statutes 

10-221 Boards of education to prescribe rules. 

New Jersey v T.L.O., 53 U.S.L.W. 4083 (1985) 

PA 94-115 An Act Concerning School Searches. 

54-33n Searches 



Safford Unified School District #1 v Redding (U.S. Sup. Ct. 08-479) 

Regulation approved: February 12, 2018 THOMASTON PUBLIC SCHOOLS Thomaston, Connecticut