Common use of Search and Seizure Clause in Contracts

Search and Seizure. The District respects the rights of its students against arbitrary intrusion of their person and property. At the same time, it is the responsibility of school officials to protect the health, safety, and welfare of all students enrolled in the District in order to promote an environment conducive to student learning. The Superintendent, principals, and their designees have the right to inspect and search school property and equipment. They may also search students and their personal property in which the student has a reasonable expectation of privacy, when there is reasonable and individualized suspicion to believe such student or property contains illegal items or other items in violation of Board policy or dangerous to the school community. School authorities may seize evidence found in the search and disciplinary action may be taken. Evidence found which appears to be in violation of the law shall be reported to the appropriate authority. School property shall include, but not be limited to, lockers, desks, and parking lots as well as personal effects left there by students. When possible, prior notice will be given and the student will be allowed to be present along with an adult witness. However, searches may be done at any time with or without notice or the student’s consent. A personal search must not be excessively intrusive in light of the age and sex of the student and the nature of the infraction. The Superintendent, principals and their designees may request the assistance of law enforcement officials to help conduct searches. Such searches may include the use of specially trained dogs. A school official of the same sex shall conduct personal searches with an adult witness of the same sex present. State Law requires that Department of Human Services employees, local law enforcement, or agents of the Crimes Against Children Division of the Division of Arkansas State Police, may interview students without a court order for the purpose of investigating suspected child abuse. In instances where the interviewers deem it necessary, they may exercise a “72-hour hold” without first obtaining a court order. Other questioning of students by non-school personnel shall be granted only with a court order directing such questioning, with permission of the parents of a student (or the student if above eighteen (18) years of age), or in response to a subpoena or arrest warrant. If the District makes a report to any law enforcement agency concerning student misconduct or if access to a student is granted to a law enforcement agency due to a court order, the principal or the principal’s designee shall make a good faith effort to contact the student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis. The principal or the principal's designee shall not attempt to make such contact if presented documentation by the investigator that notification is prohibited because a parent, guardian, person having lawful control of the student, or person standing in loco parentis is named as an alleged offender of the suspected child maltreatment. This exception applies only to interview requests made by a law enforcement officer, an investigator of the Crimes Against Children Division of the Division of Arkansas State Police, or an investigator or employee of the Department of Human Services. In instances other than those related to cases of suspected child abuse, principals must release a student to either a police officer who presents a subpoena for the student, or a warrant for arrest, or to an agent of state social services or an agent of a court with jurisdiction over a child with a court order signed by a judge. Upon release of the student, the principal or designee shall give the student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis notice that the student has been taken into custody by law enforcement personnel or a state’s social services agency. If the principal or designee is unable to reach the parent, he or she shall make a reasonable, good faith effort to get a message to the parent to call the principal or designee, and leave both a day and an after-hours telephone number. Corning School District has a zero tolerance program for drugs and this policy is reinforced by a professional drug awareness program coupled with random searches by a K-9 team. The Fifth Circuit of the United States Court of Appeals has upheld that a dog's sniffing of students' lockers in school hallways and automobiles parked in school parking lots does not constitute a search within the meaning of the fourth amendment, and therefore is not unconstitutional. School officials do not need a warrant or probable cause prior to conducting a search. They only need reasonable suspicion that the search will turn up evidence that the student broke the law or the rules of the school.

Search and Seizure. The District respects the rights of its students against arbitrary intrusion of their person and property. At the same time, it is the responsibility of school officials to protect the health, safety, and welfare of all students enrolled in the District in In order to promote an provide and maintain a safe and appropriate environment conducive for students to learn, the following guidelines pertaining to student learning. The Superintendent, principals, search and their designees have the right seizure are established Administrators of NYSSD are authorized to inspect and search school property and equipment. They may also search undertake searches of students and their personal property in which possessions (e.g., pocket contents, book bags, handbags, etc.) should the circumstances arise, based upon reasonable individualized suspicion. In the event of search and seizure, administrators must: ● Have reasonable individualized suspicion that a student has a reasonable expectation of privacyviolated or is violating the law, when there is reasonable and individualized suspicion to believe such student or property contains illegal items or other items in violation of Board school policy or dangerous rules. “Reasonable individualized suspicion” requires the application of experience and common sense and should be made on a case-by-case basis, with due consideration of all circumstances. Factors which must be considered to the determine if a school community. School authorities may seize evidence found in the administrator has sufficient cause to search and disciplinary action may be taken. Evidence found which appears to be in violation of the law shall be reported to the appropriate authority. School property shall include, but not be limited to, lockers, desks, and parking lots as well as personal effects left there by students. When possible, prior notice will be given and the a student will be allowed to be present along with an adult witness. However, searches may be done at any time with or without notice or the student’s consent. A personal search must not be excessively intrusive in light of include the age and sex of the student and the nature of the infraction. The Superintendent, principals and their designees may request the assistance of law enforcement officials to help conduct searches. Such searches may include the use of specially trained dogs. A school official of the same sex shall conduct personal searches with an adult witness of the same sex present. State Law requires that Department of Human Services employees, local law enforcement, or agents of the Crimes Against Children Division of the Division of Arkansas State Police, may interview students without a court order for the purpose of investigating suspected child abuse. In instances where the interviewers deem it necessary, they may exercise a “72-hour hold” without first obtaining a court order. Other questioning of students by non-school personnel shall be granted only with a court order directing such questioning, with permission of the parents of a student (or the student if above eighteen (18) years of age), or in response to a subpoena or arrest warrant. If the District makes a report to any law enforcement agency concerning student misconduct or if access to a student is granted to a law enforcement agency due to a court order, the principal or the principal’s designee shall make a good faith effort to contact the student’s parent, legal guardian, person having lawful control record of the student, or person standing in loco parentis. The principal or ; the principal's designee shall not attempt prevalence and seriousness of the problem for which the search is directed; the urgency to make such contact if presented documentation by the investigator that notification is prohibited because a parent, guardian, person having lawful control search without delay; the reliability of the student, or person standing in loco parentis is named as an alleged offender of the suspected child maltreatment. This exception applies only facts upon which to interview requests made by base a law enforcement officer, an investigator of the Crimes Against Children Division of the Division of Arkansas State Police, or an investigator or employee of the Department of Human Services. In instances other than those related to cases of suspected child abuse, principals must release a student to either a police officer who presents a subpoena for the student, or a warrant for arrest, or to an agent of state social services or an agent of a court with jurisdiction over a child with a court order signed by a judge. Upon release of the student, the principal or designee shall give the student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis notice that the student has been taken into custody by law enforcement personnel or a state’s social services agency. If the principal or designee is unable to reach the parent, he or she shall make a reasonable, good faith effort to get a message to the parent to call the principal or designee, and leave both a day and an after-hours telephone number. Corning School District has a zero tolerance program for drugs and this policy is reinforced by a professional drug awareness program coupled with random searches by a K-9 team. The Fifth Circuit of the United States Court of Appeals has upheld that a dog's sniffing of students' lockers in school hallways and automobiles parked in school parking lots does not constitute a search within the meaning of the fourth amendment, and therefore is not unconstitutional. School officials do not need a warrant or probable cause prior to conducting a search. They only need reasonable suspicion that the particular student has possession of evidence leading to a violation of school rules; and the probability that evidence will be discovered ● Whenever an administrator conducts a search, the Superintendent is to be notified before it occurs ● Only the Superintendent may authorize a search of a student that requires him/her to remove any or all clothing. Such searches are to be conducted only in situations where an emergency exists or the necessity of searching a student without delay exists. A clear demonstration of individualized suspicion must be made ● If illegal items are found in the possession of a student, the discipline guidelines as outlined under major infractions will turn up evidence that be followed ● All searches will be documented on an Incident Report Under law, students have no reasonable expectation of privacy rights in school lockers, desks or other school storage places and the school exercises overriding control over such school property. The school administrator shall give notice to all students that: ● Items such as lockers, desks and closets remain the property of NYSSD, and the school governs the use of them by students. They shall not be used to hide contraband ● The combination of locker and closet locks must be registered with NYSSD personnel ● Items such as closets, lockers and desks may be searched with or without the student’s permission; however, it is recommended that, if possible, the student broke be present. If the law or the rules of the schoolstudent cannot be present, two staff members should be present with one preferably in a supervisory capacity ● If there is reasonable suspicion that a student is carrying contraband, he/she may be searched by NYSSD staff You will be assigned a locker with a combination each school year. You are responsible for keeping your locker clean and keeping your combination numbers private. If you damage your locker, you will be responsible for repairs. Your lock must be locked at ALL times.

Search and Seizure. The District respects Weathersfield Board of Education recognizes that the rights privacy of its students against arbitrary intrusion and of their person belongings may not be violated by unreasonable search and propertyseizure and directs that no student be searched without reasonable suspicion or in an unreasonable manner. At The Board acknowledges the same timeneed for in-school storage of student possessions and shall provide storage places, it is including desks and lockers, for that purpose. Such spaces remain the property of the Board of Education and, in accordance with the law, may be the subject of a random search(s). Where locks are provided for such places, students may lock them against incursion by other students, but in no such places shall students have such an expectation of privacy as to prevent examination by a school official. THE BOARD OF EDUCATION DIRECTS THE BUILDING PRINCIPAL TO CONDUCT A ROUTINE INSPECTION OF ALL SUCH STORAGE SPACES! School authorities are charged with the responsibility of safeguarding the safety and well-being of the students in their care. In the discharge of that responsibility, school officials to protect the health, safety, and welfare of all students enrolled in the District in order to promote an environment conducive to student learning. The Superintendent, principals, and their designees have the right to inspect and search school property and equipment. They may also search students and their personal property in which the student has a reasonable expectation of privacy, when there is reasonable and individualized suspicion to believe such student or property contains illegal items or other items in violation of Board policy or dangerous to the school community. School authorities may seize evidence found in search the person or property, including vehicles of a student, with or without the student's consent, whenever they reasonably suspect that the search and disciplinary action may be taken. Evidence found which appears is required to be in discover evidence of a violation of the law shall be reported to or of school rules and regulations. The extent of the appropriate authority. School property shall include, but not be limited to, lockers, desks, and parking lots as well as personal effects left there by students. When possible, prior notice search will be given governed by the seriousness of the alleged infraction and the student will be allowed to be present along with an adult witness. However, searches may be done at any time with or without notice or the student’s consentage. A personal Administrators are permitted to conduct a random search must not be excessively intrusive of any student's locker and its contents at any time, providing proper notice has been posted in light the locker areas of the age building. The search of a student's person or intimate personal belongings shall be conducted by a person of the student’s gender, in the presence of a staff member of the same gender, and sex only in exceptional circumstances when the health or safety of the student and the nature of the infractionor others is immediately threatened. The Superintendent, principals and their designees may request the assistance Board of law enforcement officials to help conduct searches. Such searches may include Education also authorizes the use of specially canines, trained dogsin detecting the presence of illegal drugs, weapons or chemicals etc. A when the school official of the same sex shall conduct personal searches with an adult witness of the same sex present. State Law requires that Department of Human Services employees, local law enforcement, or agents of the Crimes Against Children Division of the Division of Arkansas State Police, may interview students without a court order for the purpose of investigating suspected child abuse. In instances where the interviewers deem it necessary, they may exercise a “72-hour hold” without first obtaining a court order. Other questioning of students by non-school personnel shall be granted only with a court order directing such questioning, with permission of the parents of a student (or the student if above eighteen (18) years of age), or in response to a subpoena or arrest warrant. If the District makes a report to any law enforcement agency concerning student misconduct or if access to a student is granted to a law enforcement agency due to a court order, the principal or the principal’s designee shall make a good faith effort to contact the student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis. The principal or the principal's designee shall not attempt to make such contact if presented documentation by the investigator that notification is prohibited because a parent, guardian, person having lawful control of the student, or person standing in loco parentis is named as an alleged offender of the suspected child maltreatment. This exception applies only to interview requests made by a law enforcement officer, an investigator of the Crimes Against Children Division of the Division of Arkansas State Police, or an investigator or employee of the Department of Human Services. In instances other than those related to cases of suspected child abuse, principals must release a student to either a police officer who presents a subpoena for the student, or a warrant for arrest, or to an agent of state social services or an agent of a court with jurisdiction over a child with a court order signed by a judge. Upon release of the student, the principal or designee shall give the student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis notice that the student has been taken into custody by law enforcement personnel or a state’s social services agency. If the principal or designee is unable to reach the parent, he or she shall make a reasonable, good faith effort to get a message to the parent to call the principal or designee, and leave both a day and an after-hours telephone number. Corning School District has a zero tolerance program for drugs and this policy is reinforced by a professional drug awareness program coupled with random searches by a K-9 team. The Fifth Circuit of the United States Court of Appeals has upheld that a dog's sniffing of students' lockers in school hallways and automobiles parked in school parking lots does not constitute a search within the meaning of the fourth amendment, and therefore is not unconstitutional. School officials do not need a warrant or probable cause prior to conducting a search. They only need authorities have reasonable suspicion that the search will turn up evidence that the student broke the law illegal drugs, weapons or the rules of chemicals may be present in the school. This means of detection shall be used only to determine the presence of drugs, weapons, or chemicals in locker areas and other places on school property where such substances could be concealed. Canine detection must be conducted in collaboration with law enforcement authorities and is not to be used to search individual students unless a warrant has been obtained prior to the search.

Search and Seizure. The District respects the rights of its students against arbitrary intrusion of their person and property. At the same time, it is the responsibility of Searches conducted by school officials to protect the health, safety, and welfare of all students enrolled principals or designee must be done in the District in order to promote an environment conducive to student learning. The Superintendent, principals, and their designees have the right to inspect and search school property and equipment. They may also search students and their personal property in which the student has a reasonable expectation of privacy, when there is reasonable and individualized suspicion to believe such student or property contains illegal items or other items in violation of Board policy or dangerous to the school community. School authorities may seize evidence found in the search and disciplinary action may be taken. Evidence found which appears to be in violation of the law shall be reported to the appropriate authority. School property shall include, but not be limited to, compliance with Policy JIH – Searches. A. Student lockers, desks, or other student storage areas are school property and parking lots as well as personal effects left there by studentsremain at all times under the control of the school; however, students are expected to assume full responsibility for the contents and security of their lockers, desks, or other student storage areas. When possibleGeneral inspections of the contents of the locker, prior notice will be given and the desk or other student will be allowed to be present along with an adult witness. However, searches storage area may be done conducted by a school administrator or designee for any reason at any time with or without notice or notice, without student consent, and without a search warrant. B. A student’s person and/or personal effects in the student’s consent. A personal search must not possession may be excessively intrusive in light of the age and sex of searched on school property whenever a school administrator or designee has reasonable suspicion to believe that the student is in possession of illegal or unauthorized materials and/or whenever a school administrator or designee has reasonable suspicion to believe that personal effects not in the student’s possession contain illegal or unauthorized materials. If a safety check and/or search of a student's person or personal belongings is conducted, it will be conducted in private in the presence of an administrator or designee and at least one other District employee. C. If there is a perceived, real or immediate threat to a student, teacher, or public safety, the school administrator or designee may, and is encouraged to, refer the search to the SRO who may choose to conduct a search in compliance with applicable law and law enforcement agency policies. If the school principal or designee has reasonable suspicion to believe that a more intrusive search is warranted beyond the removal of outer clothing such as a coat, jacket, shoes or socks, the search shall be referred to and conducted by an SRO or other law enforcement agent and the nature school administrator or designee shall not participate in the search. Searches conducted by SROs must comply with the requirements of applicable law. Generally, law enforcement officers must have a search warrant supported by probable cause* or a recognized exception, to perform a search. SROs may conduct limited pat down searches of students in compliance with applicable law. D. Whenever an SRO searches a student, backpack, car or locker they must give the infraction. The Superintendent, principals student their business card and their designees may request information on how to report the contact. E. Nothing in these SOPs shall limit a school administrator or designee from requesting the assistance of law enforcement officials to help conduct searches. Such searches may include the use of SROs in using specially trained dogsdogs to search for drugs or weapons on school property in accordance with PSD policies and the law. F. If a student has a safety plan that requires PSD staff to search a student on a regular basis (e.g., daily), the school administrator or designee shall notify the SRO. A school official An SRO may be present during this search if there is a belief or concern by the administrator or SRO that the safety of the same sex shall conduct personal searches with an adult witness of the same sex present. State Law requires that Department of Human Services employeesschool, local law enforcementstaff, or agents of the Crimes Against Children Division of the Division of Arkansas State Police, may interview students without a court order for the purpose of investigating suspected child abuse. In instances where the interviewers deem it necessary, they may exercise a “72-hour hold” without first obtaining a court order. Other questioning of students by non-school personnel shall be granted only with a court order directing such questioning, with permission of the parents of a student (or the student if above eighteen (18) years of age), or in response to a subpoena or arrest warrant. If the District makes a report to any law enforcement agency concerning student misconduct or if access to a student is granted to a law enforcement agency are at an elevated risk due to a court orderthe type of safety plan in place, the principal or the principal’s designee shall make a good faith effort to contact the student’s parent, legal guardian, person having lawful control history of the student, or person standing in loco parentis. The principal or the principal's designee shall not attempt to make such contact if presented documentation by the investigator that notification is prohibited because a parent, guardian, person having lawful control of the student, or person standing in loco parentis is named as an alleged offender of the suspected child maltreatment. This exception applies only to interview requests made by a law enforcement officer, an investigator of the Crimes Against Children Division of the Division of Arkansas State Police, or an investigator or employee of the Department of Human Services. In instances other than those related to cases of suspected child abuse, principals must release a student to either a police officer who presents a subpoena for the student, or a warrant for arrest, or to an agent of state social services or an agent of a court with jurisdiction over a child with a court order signed by a judge. Upon release of the student, the principal or designee shall give the student’s parentcurrent behavior. If a safety check is ongoing, legal guardian, person having lawful control of the student, or person standing in loco parentis notice that the student has been taken into custody by law enforcement personnel or will be initially asked for their preference on a state’s social services agency. If the principal trusted administrator or designee is unable to reach the parent, he or she shall make a reasonable, good faith effort to get a message be present. Such request will be honored to the parent extent possible, provided limitations may occur due to call day-to-day circumstances. G. The PSD security department and/or SROs will provide training on the principal or designee, and leave both a day and an after-hours telephone number. Corning School District has a zero tolerance program for drugs and this policy is reinforced by a professional drug awareness program coupled with random searches by a K-9 team. The Fifth Circuit of the United States Court of Appeals has upheld that a dog's sniffing of students' lockers in school hallways and automobiles parked in school parking lots does not constitute a proper PSD search within the meaning of the fourth amendment, and therefore is not unconstitutional. School officials do not need a warrant or probable cause prior to conducting a search. They only need reasonable suspicion that the search will turn up evidence that the student broke the law or the rules of the schoolprocedures.

Search and Seizure. The District respects the rights Owner of its students against arbitrary intrusion of their person School Property School buildings, school grounds and property. At the same timeother school facilities, it is the responsibility of school officials to protect the healthbuses, safety, and welfare of all students enrolled in the District in order to promote an environment conducive to student learning. The Superintendent, principals, and their designees have the right to inspect and search school property and equipment. They may also search students and their personal property in which the student has a reasonable expectation of privacy, when there is reasonable and individualized suspicion to believe such student or property contains illegal items or other items in violation of Board policy or dangerous to the school community. School authorities may seize evidence found in the search and disciplinary action may be taken. Evidence found which appears to be in violation of the law shall be reported to the appropriate authority. School property shall include, but not be limited to, lockers, desks, and parking lots as well as personal effects left there other equipment provided by studentsthe District for the use of pupils are the property of the Genesee Intermediate School District and/or the University of Michigan-Flint. When possibleThe Genesee Intermediate School District retains and will not release its complete dominion over an exclusive administrative control of school buildings, prior notice will be given school grounds, other facilities, school buses, school lockers, desks, and other equipment provided for the use of pupils. Search & Seizure To maintain order and discipline in the schools and to protect the safety and welfare of students and school personnel, school authorities may search a student, student will be allowed lockers, and desks under the circumstances outlined below and may seize any illegal, unauthorized, or contraband materials discovered in the search. Student lockers and desks are school property and remain at all times under the control of the Genesee Early College; however, students are expected to be present along with an adult witnessassume full responsibility for the security of their lockers and desks. However, searches may be done Students should not expect privacy regarding items placed in school property because school property is subject to search at any time with or by school officials. Periodic general inspections of lockers and desks may be conducted by school authorities for any reason at any time without notice or the student’s consentnotice, without student consent and without a search warrant. A student's failure to permit searches and seizures as provided in this policy will be considered grounds for disciplinary action. A student's person and/or personal effects (e.g., purse, book bag, athletic bag) may be searched whenever a school official has reasonable suspicion to believe that the student is in possession of illegal or unauthorized materials. If a properly conducted search must yields illegal or contraband materials, such findings shall be turned over to proper legal authorities for ultimate disposition. Students are permitted to park on school premises as a matter of privilege, not be excessively intrusive in light of the age and sex right. The Genesee Early College retains authority to conduct routine patrols of the student parking lot and the nature inspections of the infractionexteriors of student vehicles parked on school property. Such patrols and inspections may be conducted without notice, without student consent, and without a search warrant. The Superintendentinteriors of student vehicles may be inspected whenever a school official has reasonable suspicion to believe that illegal or unauthorized materials are contained inside. Cooperation with Law Enforcement Agencies In accordance with the policy of the GISD Board of Education, principals and their designees may request the assistance of school authorities are directed to cooperate with police, law enforcement officials officers and agencies to help conduct searchesthe end that policies shall be enforced to the fullest extent according to their terms. Such searches may include the use of specially trained dogs. A school official In accordance with section 1135 of the same sex Michigan School Code the Genesee Intermediate School District shall conduct personal searches with an adult witness of the same sex present. State Law requires that Department of Human Services employees, local law enforcement, or agents of the Crimes Against Children Division of the Division of Arkansas State Police, may interview students without a court order for the purpose of investigating suspected child abuse. In instances where the interviewers deem it necessary, they may exercise a “72-hour hold” without first obtaining a court order. Other questioning of students by non-school personnel shall be granted only with a court order directing such questioning, with permission of the parents of not disclose any personally identifiable information contained in a student (or the student if above eighteen (18) years of age), or in response to a subpoena or arrest warrant. If the District makes a report to any law enforcement agency concerning student misconduct or if access to a student is granted record to a law enforcement agency due to a court orderagency, except in compliance with the principal or the principal’s designee shall make a good faith effort to contact the student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentisFamily Educational Right and Privacy Act. The principal or the principal's designee shall not attempt to make such contact if presented documentation by the investigator that notification is prohibited because a parent, guardian, person having lawful control of the student, or person standing in loco parentis is named as an alleged offender of the suspected child maltreatment. This exception applies only to interview requests made by a law enforcement officer, an investigator of the Crimes Against Children Division of the Division of Arkansas State Police, or an investigator or employee of the Department of Human Services. In instances other than those related to cases of suspected child abuse, principals must release a student to either a police officer who presents a subpoena for the student, or a warrant for arrest, or to an agent of state social services or an agent of a court with jurisdiction over a child with a court order signed by a judge. Upon release of the student, the principal or designee shall give the student’s parent, legal guardian, person having lawful control of the student, or person standing in loco parentis notice that the student has been taken into custody by law enforcement personnel or a state’s social services agency. If the principal or designee is unable to reach the parent, he or she shall make a reasonable, good faith effort to get a message to the parent to call the principal or designee, and leave both a day and an after-hours telephone number. Corning School District has a zero tolerance program for drugs and this policy is reinforced by a professional drug awareness program coupled with random searches by a K-9 team. The Fifth Circuit of the United States Court of Appeals has upheld that a dog's sniffing of students' lockers in school hallways and automobiles parked in school parking lots does not constitute a search within the meaning of the fourth amendment, and therefore is not unconstitutional. School officials do not need a warrant or probable cause prior to conducting a search. They only need reasonable suspicion that the search will turn up evidence that the student broke the law or the rules of the schoolMCL380.1135(5).