Law Enforcement
LAW ENFORCEMENT OFFICIALS (NOTIFICATION OF)
Under the laws of Georgia, any teacher, principal, or other school official who has reasonable cause to believe that a student has committed criminal acts upon school property or at any school function has a duty to make a written report of that act in order that the act shall be reported to the appropriate law enforcement officials.
The acts which must be reported to law enforcement officials include certain criminal offenses under Georgia law including aggravated battery, carrying deadly weapons at public gatherings, possession/use and/or sale/ transfer of marijuana or illegal drugs, and certain sexual offenses. In addition, terroristic threats will be reported.
QUESTIONING AND APPREHENSION BY LAW ENFORCEMENT OFFICER
Please be advised that Georgia Law authorizes law enforcement personnel to come onto school campuses for the purpose of both interviewing and arresting students. Although every effort will be made to contact parents prior to the student’s interrogation or arrest, the school system cannot impede law enforcement personnel in their investigative efforts.
Further, Georgia Law provides that juveniles charged with crimes do not have a right to have their parents present when being questioned by law enforcement officials. Law enforcement officials will be asked to sign a release form prior to removing a child from school.
DUE PROCESS RIGHTS OF STUDENTS SEARCH AND SEIZURE POLICY
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 lockers or student automobiles under the circumstances outlined below and may seize any illegal, unauthorized, or contraband materials discovered in the search. As used in this policy, the term “unauthorized” means any item dangerous to the health or safety of students or school personnel, or disruptive of any lawful function, mission or process of the school, or any item described as unauthorized in school rules available beforehand to the student. A student’s failure to permit searches will be considered grounds for disciplinary action.
For the safety of all persons on school campuses, buses and at school activities, school administrators may use metal detectors to search students and their personal property on a random basis for firearms and other weapons before, during or after the school day on school property, school transportation and at school related activities.
1. Personal Searches
A student’s person and/or personal effects (e.g., purse, wallet, cell phones, etc.) may be searched by a school administrator whenever a school authority has reasonable suspicion that the student is in possession of a weapon or any other object in violation of school policy. The search is not to be intrusive.
A student who refuses a reasonable request by an administrator to submit to a personal search shall be suspended for ten (10) days and the principal shall recommend his/her expulsion from the Emanuel County School System with re-enrollment eligibility.
2. Locker Searches
Student lockers are school property and remain at all times under the control of the school; however, students are expected to assume full responsibility for the security of their lockers. School authorities for any reason may conduct periodic general inspection of lockers at any time without notice, without student consent, and without a search warrant.
3. Automobile Searches
Students are permitted to park on school campus as a matter of privilege, not a right. The school retains authority to conduct routine patrols of student parking lots and inspection of the exteriors of student automobiles on school property.
Automobiles may be opened and the interiors of the students’ vehicles may be searched or inspected more thoroughly whenever a school official has reasonable suspicion or belief that illegal or unauthorized materials are contained inside whether or not the illegal or unauthorized materials are in plain sight. Such reasonable suspicion may arise from the school official having seen something in plain view through the vehicle’s windows, from the school having been informed by a staff member or student that a weapon, drug or some other unlawful or dangerous item is located in the vehicle or from other such circumstances.
4. School Safety Searches
Searches by Drug-Sniffing and/or Weapon Sniffing Canine and/or by Metal Detectors: Students should understand that school lockers, vehicles, classrooms, and other areas of the campus may be searched during school safety searches conducted by appropriate law enforcement agencies in cooperation with local school officials on unannounced dates during the school year using drug sniffing or weapon sniffing canines. In addition, in the interest of school safety, hand held and/or walk through metal detectors may be used during school safety searches.
Seizure of Illegal Materials: If a properly conducted search yields illegal or contraband materials, such findings shall be turned over to proper authorities for ultimate disposition.