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Search and Seizure

Board Policy/AR 5145.12 Search and Seizure, Individual Search

School officials may search any individual student, his/her property, or district property under his/her control when there is a reasonable suspicion that the search will uncover evidence that he/she is violating the law, Board policy, administrative regulation, or other rules of the district or the school. Reasonable suspicion shall be based on specific and objective facts that the search will produce evidence related to the alleged violation. Student property that may be searched by school officials include, but are not limited to, lockers, desks, purses, backpacks, student vehicles parked on district property, cellular phones, or other electronic communication devices.

Any search of a student, his/her property, or district property under his/her control shall be limited in scope and designed to produce evidence related to the alleged violation. Factors to be considered by school officials when determining the scope of the search shall include the danger to the health or safety of students or staff, such as the possession of weapons, drugs, or other dangerous instruments, and whether the item(s) to be searched by school officials are reasonably related to the contraband to be found. In addition, school officials shall consider the intrusiveness of the search in light of the student's age, gender, and the nature of the alleged violation.

Employees shall not conduct strip searches or body cavity searches of any student. (Education Code 49050).  Searches of individual students shall be conducted in the presence of at least two district employees.

The principal or designee shall notify the parent/guardian of a student subjected to an individualized search as soon as possible after the search.  If a student is found to be in violation of law or school policy, disciplinary action will follow.

Any student found out of bounds on Peninsula  High School campus, without teacher or staff permission, will be subject to search and seizure protocol. The following areas are considered out of bounds during school hours:

  • Parking lots (onsite and neighboring buildings)
  • The front sidewalk, across the street, or any other area other than school during scheduled class time
  • Any other designated areas deemed off limits to students by PHS during school year