School Resource Officer's Desk Reference

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Legal Guidelines for Student Searches


What is not a "Search."

The following are not searches:

 

  • Observing an object in plain view where it is exposed to the public.
     

  • Examining an object after a student denies ownership of the object.
     

  • Examining an object abandoned by a student.
     

  • Detecting anything openly exposed to the senses of sight, smell or hearing, as long as school officials are located in a place where they have a right to be and they do not use extraordinary means to gain a vantage point (e.g., a male teacher seeing and smelling marijuana smoke in the boys restroom).
     

  • Using extraordinary means to enhance sensory perceptions in open areas (e.g., using flashlights, binoculars, dogs, thermal imaging, etc., are not searches).

 

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