5145.12 - Search and Seizure - Procedure

When appropriate, staff may use metal detectors when searching an individual for weapons. Metal detectors are defined as wands and stand-alone devices. The following procedures shall be followed when making metal detector scans:

1. Before using a metal detector, students shall be asked to empty their pockets of metallic objects.
2. If an initial activation occurs, students shall be asked to remove other metallic objects they may be wearing (e.g., belt and jewelry) and to walk through a second time.
3. If a second activation occurs, a hand-held metal detector shall be used.
4. If the activation is not eliminated or explained, staff shall escort the student to a private area.
5. In the private area, an expanded search shall be conducted by a staff member (preferably of the same gender as the student) in the presence of another San Bernardino County Superintendent of Schools (SBCSS) employee. Any such search shall be limited to the detection of the metal that caused the activation in the first place. The search shall be limited to the detection of weapons.

Searches can be conducted in the classrooms, common areas, or vehicles on school grounds. Contraband-detection dogs shall not be used in rooms occupied by persons, except for demonstration purposes with the handler present. When used for demonstration purposes, the dog shall be separated from the students and not allowed to sniff any individual.

Prior to conducting an inspection, students shall be asked to leave the room that will be subjected to the canine sniff. No student shall be forced to leave any personal items behind for inspection. The number of area/room searches conducted is at the discretion of the canine handler.

The dogs may sniff the air around such objects on or adjacent to school grounds as long as they are not allowed to sniff within the close proximity of any students’ persons. Only the dog’s official handler shall determine what constitutes an “alert” by the dog. If a trained detection dog “alerts” to the presence of a prohibited item within an object or vehicle, reasonable suspicion shall exist for the school or program administrator to open and search the object or vehicle and any closed container(s) or item(s) within the object or vehicle. The student having the use of that object or vehicle, or responsibility for it, shall be called to witness the inspection. Searches shall not be completed in the immediate presence of other minors.

The inspections should be conducted in a manner that minimizes the degree of intrusiveness. School administrators shall limit the scope of their search to items which are prohibited by school rules (i.e., illegal drugs, alcoholic beverages, firearms, pyrotechnics, weapons and tobacco).

A second adult witness shall be present whenever a site administrator searches a student’s vehicle or other object as authorized by this policy. Except where factors of health, safety or welfare of the campus dictates otherwise, reasonable efforts shall be made to inform the student of the grounds for the inspection and search, and to give the student the opportunity to be present.

Items removed by a school administrator during a search shall be identified and placed in a secure location accessible only to school officials or, when appropriate, turned over to law enforcement authorities.

At the beginning of each school year and whenever students are assigned desks or other property of SBCSS, students and parents/guardians of the students shall be notified of the possibility of random searches of students, their belongings and SBCSS properties under their control. All parents/guardians and students also shall be notified of the use of a contraband detection dogs on SBCSS sites, and of the use of metal detector scans as a means of promoting safety and deterring the presence of weapons.

Under Vehicle Code section 21113, any vehicle parked on SBCSS property has a diminished expectation of privacy and SBCSS shall inform students and parent/guardians of this policy in writing and/or by posting a sign which states:

By entering any parking lot under the control of SBCSS, any person driving a vehicle is deemed to consent to a search of the vehicle, including all compartments and contents, at any time by school officials or law enforcement personnel for any reason whatsoever. (Vehicle Code § 21113).

Approved: November 4, 2014