Skip to main content
District

Interrogation & Searches

  • Board Policy 607 (Interrogation and Searches) outlines procedures for the questioning and searching of students.

Questioning & Interrogation

Students may be questioned by teachers or principals about any matter pertaining to the operation of a school and/or the enforcement of its rules. Questioning should be conducted discreetly and under circumstances which will avoid unnecessary embarrassment to the student being questioned. Any student answering falsely, evasively or refusing to answer a proper question may be subject to disciplinary action, including suspension.

If a student is suspected or accused of any offense committed in school or on school property at any time, the principal (or his/her designee) may question the student, without the presence of parents(s) and without giving the student constitutional warnings. 

If a student is suspected or accused of a crime not involving the operation of a school, or if interrogation of particular student is police instigated, a parent must be notified and constitutional warnings given to the student before interrogation begins. If the principal has requested assistance by a law enforcement agency to investigate a crime involving his/her school, the agency has permission to interrogate a student suspect in school during school hours. The school principal will notify the parent(s) of the student and request them to come and be present during the interrogation.

Parents must be present if criminal prosecution is contemplated. Constitutional warnings must be given and noted. During any law enforcement interrogations on school grounds, the principal (or designee) must be present. Interrogations would not include law enforcement agencies interviewing or questioning alleged victims or witnesses.

Searches at School

Any principal (or his/her designee) having reasonable cause for a search may search any student, place, or thing (including student lockers or cars) on school property or in the actual or constructive possession of any student during any organized school activity off campus, including buses, if the principal receives information which would cause a reasonable suspicion that the search would lead to the discovery of:

  • Evidence of any violation of the law;
  • Evidence of any violation of school rules or regulations or proper standards of student conduct;
  • Any object or substance which, because of its presence, presents an immediate danger or harm or illness to any person.

 

All of the following standards for reasonable must be met:

  • A particular student has violated policy or law;
  • The search could be expected to yield evidence of the violation of school policy or disclosure of a dangerous weapon, drug, or alcohol;
  • The search is in pursuit of legitimate interests of the school in maintaining order, discipline, safety, supervision and education of students; and
  • The primary purpose of the search is not to collect evidence for criminal prosecution.

 

Whenever the possibility of uncovering evidence of a criminal nature exists, the principal or his/her designee may request the assistance of a law enforcement officer to search any area of the school premises, any student, or any motor vehicle on the school grounds or identify or dispose of anything found in the course of a search conducted in accordance with this policy. School administrators should be advised that a search warrant may be necessary if evidence of a criminal nature is suspected.

With prior approval of the Superintendent of Schools (or the Superintendent’s designee), law enforcement agencies located within Sevier County may perform periodic/random sweeps of common areas, storage facilities, vehicles parked on school property and lockers owned by the school system for contraband, including drugs, weapons or other items of an illegal or prohibited nature, using police-trained K-9 teams (scent dogs with officers/handlers). Such K-9 sweeps will be conducted by a group, including the school principal (or his/her designee), the school resource officer (if available), and the police-trained K-9 team.

K-9 sweeps may only be conducted outside regular school hours or while students are in class. Examination of a student or staff member’s person, including clothing while on the person, by a K-9 team is strictly prohibited. If a K-9 "alerts" to an item, vehicle or place, the principal (or his/her designee) will determine, in collaboration with the K-9 officer, the most appropriate course of action. If drugs, weapons or other contraband are found, they will be immediately seized and a police investigation will be conducted in compliance with the above-terms of this policy. Such findings may also result in student or staff discipline, up to and including expulsion or dismissal.