Legal and Ethical Guide by Lee Snodgrass https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx EDG-6305-DF1 en-us 2021-03-11 19:53:36 UTC 2021-03-12 16:26:17 UTC hello@padlet.com Slide #1 My Professional Perspective lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300001122 Coming from a 20-year police officer background allows me to have a unique perspective in my profession.  I currently am a school administrator that oversees operations of security and safety, and that of transportation.  

I hold a 4-year degree in criminal justice and am currently enrolled as a masters student in educational administration.

The audience for this course is that of police officers assigned to schools based upon their select and specialized skill sets which allow them to be successful in the education environment.

The topic of search and seizure protocols in schools as related to police officers was chosen because of my experience in dealing with search and seizure requests from campus administration.  As a school resource officer myself for over 10 years, I have seen many ways to both correctly and mistakenly conduct searches and seizures.]]> 2021-03-11 19:54:35 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300001122 Slide #2 Interview lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300001520 Search and seizures has always been a hot topic button for Americans since the 4th Amendment was established in 1791.  When your son or daughter gets their license to drive you assume there is a chance they will get stopped by the police.  However, in a school setting, most parents do not foresee this encounter and are especially reactive when it occurs.  When a parent does hear that their child was search while at school the perceived burden of proof escalates with them.  

Best Practices are something that will always help to mitigate liability for officers who are earnestly doing their best to follow the statutory law.  Some of these include:
  • Make sure to understand the fundamentals between reasonable suspicion and probable cause.
  • Realize that drug testing is considered a search.
  • A drug dog sniffing a person is considered a search, but a drug dog randomly searching lockers or property is not because there is no expectation to privacy.
School resource officers should understand that current trends are placing them in a position to be guardians and not police.  Their function has been changed to protect against active shooter situations mainly.  Protection of school property and being a watchful eye at "away" events is a concern for stakeholders.  Least important is the searching or seizing of students for non-violent events.
Bruno Dias, Director of Safety & Security, Mansfield ISD
https://www.mansfieldisd.org/departments/student-services/our-staff

TASB School Law eSource. (2019, May 1). Texas Association of School Boards. https://www.tasb.org/services/legal-services/tasb-school-law-esource.aspx


]]> 2021-03-11 19:54:41 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300001520 Slide #3 Professional Association lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300001757 The National Association of School Resource Officers (NASRO) is a frontline organization that seeks to train and equip school resource officers with the most current law references, court cases, and legal findings.  As statutes change and are updated, they will update their training to provide current trends and best practices. 

Recently, NASRO released training and documentation about the sensitivity if searches and seizures in a school environment.  They explained that the courts support a safe school environment but weighs this with suspicion needed for a search.  This article and accompanied training provides school resource officers with the needed knowledge to better serve the campuses and protect student rights.

New Jersey v. TLO (469 U.S. 325)

James, B. (2012, August). Suspicionless Student Searches. National Association of School Resource Officers. https://www.nasro.org/clientuploads/legal%20articles/Suspicionless-Student-Searches-When-Why-and-How-JOSS-Summer-2012.pdf

https://www.nasro.org/clientuploads/legal%20articles/Suspicionless-Student-Searches-When-Why-and-How-JOSS-Summer-2012.pdf


]]> 2021-03-11 19:54:44 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300001757 Slide #4 Current News Article lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300002469 Search & Seizure Policy Updates

https://bestofsno.com/38946/news/new-search-and-seizure-policy-limits-students-privacy/

In this article, Lincoln High School's school board updated its policy on the expectation to privacy and when students can and cannot be searched.  They had for years not updated their Administrative Law (policies) to bring new and current sources to bear to both protect the school and students, and to communicate with parents about the searches.  With this new update, the school must contact a student's parents is law enforcement personnel interview them or search them based on probable cause.

  • Updated District's policy.
  • Reviewed and expanded privacy policy.
  • Focus is now set to balance study safety with the right of the students to be free from unreasonable searches.

Kenny, K. (2019, December). New search and seizure policy limits students’ privacy. The Cardinal Times. https://cardinaltimes.org/14781/uncategorized/new-search-and-seizure-policy-limits-students-privacy/

]]> 2021-03-11 19:54:54 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300002469 Slide #5 Current News Article lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300002732 Search & Seizure Policy Updates

https://www.wfmz.com/news/area/lehighvalley/allentown-school-board-tables-policy-over-concern-about-searching-students-clothing/article_9ad1c2c4-35da-11eb-9e0c-b3e54ca8b0fe.html

In this article, a school board in Allentown decided to postpone a decision on the update that school administrators brought before them concerning searches of students.  The administration felt that the language would help to guide and direct campus administrators and to give them a "search / don't search" decision tree.  The board did not like the language and how boldly the policy talked about searching undergarments.
  • School board concerned over searching undergarments.
  • They desire to protect children from wrong-doers but not allow staff to be put in a position of liability.
  • Removing the section on undergarments would motivate board to pass the policy (Administrative Law).

Thomas, T. (2020, December). Allentown school board tables policy over concern about searching students’ clothing. WFMZ-TV 69 News. https://www.wfmz.com/news/area/lehighvalley/allentown-school-board-tables-policy-over-concern-about-searching-students-clothing/article_9ad1c2c4-35da-11eb-9e0c-b3e54ca8b0fe.html
]]> 2021-03-11 19:54:58 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300002732 Slide #6 Original Source of Law lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300003007 New Jersey v. TLO (469 U.S. 325 (1985))

TLO was a high school student that was searched by campus administration due to them suspecting her of possession of tobacco by a minor.  When the search was conducted, administration found tobacco, marijuana, and a list of names whom they believed owed TLO money.  They believed that TLO was dealing drugs in school.

TLO was found guilty and placed on probation.  When TLO appealed, at a later stage, the decision was reversed.  Sometime later then the case was argued by the Supreme Court, the court affirmed the early decision and stated that the search was not unreasonable.  This court case brought forth very specific criteria to follow that we still use today.
  • Administration can conduct searches when reasonable suspicion exists.
  • School officials and law enforcement are not exempt from standards used in searches.  Wrong calls from either party can result in a lawsuit.
  • The responsibility of school personnel to keep a school safe will typically outweigh the defendant's right to privacy.

Facts and Case Summary - New Jersey v. T.L.O. (n.d.). United States Courts. Retrieved February 20, 2021, from https://www.uscourts.gov/educational-resources/educational-activities/facts-and-case-summary-new-jersey-v-tlo
]]> 2021-03-11 19:55:01 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300003007 Slide #7 Original Source of Law lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300003528 GC v. Owensboro Public Schools (711 F.3d 623)

GC was a high school student with a long history of student discipline who that had his cell phone searched by a school administrator because she felt that his behavior and actions and prior claim to want to take his own life needed to be questioned.  She stated that she was looking for facts that would help her to relate and possible provide help.  The administrator again searched his cell phone at a later date when he was texting in class.

Because of his discipline history and cell phone findings, GC was later expelled from school.  When GC appealed the expulsion, the court ultimately ruled that in a life or death incident, a school official could search the cell phone but rejected the idea that a subsequent cell phone search when GC was texting, was lawful.
  • Students who threaten to take their own life of the life of another can be more open to searches depending on circumstance.
  • School cannot look through a student's cell phone under normal circumstances.
  • Lacking an imminent threat to school safety, do not take the chance, do not search.

FindLaw’s United States Sixth Circuit case and opinions. (n.d.). Findlaw. Retrieved February 25, 2021, from https://caselaw.findlaw.com/us-6th-circuit/1626817.html
]]> 2021-03-11 19:55:08 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300003528 Slide #8 Original Source of Law lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300003804 Stafford Unified School District #1 v. Redding (557 U.S. 364)

Redding was a middle school student who someone had recently communicated with school staff to have been giving away pain pills.  The campus administrator called Redding down because he was in possession of a binder that belonged to her that contained knives and other contraband.  The campus administrator searched her belongings and found several pills.  He then sent Redding to the nurse's office where two additional school officials conducted what amounted to a strip search of the student and located no additional contraband. 

Redding's parent sued the school and claimed a civil rights violation.  The court ruled that the search was unconstitutional.  After all facts were laid out, the school staff were found to be covered under qualified immunity even with the search being illegal.
  • Students who are believed to possess drugs on their person cannot be strip searched.
  • Similar to the previous case, unless something life altering is suspected, there is no cause for a strip search.
  • The law exists to protect people including schools.  In this case the officials were lucky because no previous court case existed.  However if this occurred in 2021, we may not have qualified immunity.

Facts and Case Summary - Stafford United School District #1 v. Redding (n.d.). United States Courts. Retrieved March 4, 2021, from https://www.uscourts.gov/about-federal-courts/educational-resources/educational-activities/fourth-amendment-activities
]]> 2021-03-11 19:55:12 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300003804 Slide #9 Original Source of Law lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300004144 State of New Jersey v. Thomas E. Best (403 N.J.Super. 428)

Best was a high school student at Egg Harbor Township.  Another student who was under the influence stated that Best gave him a pill that caused him to lose his mental and physical faculties.  The campus administration went looking for Best and subsequently searched his person and discovered evidence that was related to the original incident.

Campus administration later went and searched the students vehicle and found additional evidence pieces that went along with the prior.  The student was arrested by law enforcement and the case was appealed.

The case made its way to the New Jersey Supreme Court where the justices decided to affirm the original case and stated that schools have less of a burden of proof necessary to conduct a search; reasonable suspicion v. probable cause.
  • Searching students for evidence is allowed when the safety of the student, the school, or others is in question (although as stated earlier, not a strip search).
  • Searching a student's vehicle while on school grounds is acceptable with reasonable suspicion because it is located on school property.
  • Remember the burden that is needed to search in these cases and be able to articulate the circumstances (student under the influence/danger to himself).

STATE OF NEW JERSEY v. THOMAS E. BEST. (n.d.). Justia Law. Retrieved March 8, 2021, from https://law.justia.com/cases/new-jersey/appellate-division-published/2008/a0891-07-opn.html
]]> 2021-03-11 19:55:17 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300004144 Slide #10 Local Administrative Law lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300004436 Bridgeport ISD
FNF (Local)
Bridgeport ISD complies with all recommended statues and laws (FNF Legal).  In addition, they have sought to further define their responsibilities and action to best communicate with parents and other stakeholders.

Bridgeport ISD outlines that campus officials may initiate a search when in accordance with laws and that include reasonable suspicion.  Strip searches are prohibited by the District.

Texas Association of School Boards. (2019, May 22). FNF Local - Bridgeport ISD. Policy On Line. https://pol.tasb.org/Policy/Download/1258?filename=FNF(LOCAL).pdf]]> 2021-03-11 19:55:21 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300004436 Slide #11 Ethical Principle lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300004612 According to the National Education Association's Code of Ethics, I "shall not disclose information about students obtained in the course of professional service unless disclosure serves a compelling professional purpose or is required by law" (NEA, 2020).  This item (item #8 under Principle I) seeks to refrain professional educators from sharing information, in this case, about a student or their transgressions that may have led to a search or law enforcement encounter.

It is paramount that both students and colleagues understand that we do not share this information for the good of the whole.

National Education Association. (2020, September 14). Code of Ethics for Educators | NEA. NEA. https://www.nea.org/resource-library/code-ethics-educators]]> 2021-03-11 19:55:23 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300004612 Slide #12 Personal Connection lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300004807 As an administrator my sincerest desire is to best serve student and my district.  Being the Safety Director, being able to access the laws and relate those to campus administrators in a way that reinforces the legal foundation and allows for internal latitude is my goal.  

Being trained as a police officer allows this perspective to better serve those groups.  I have made strides, and mistakes, over a 20-year career and the best part of this is having professional school staff learn from those mistakes made by someone else.

Each time an incident occurs in America dealing with searches or seizures, it allows us to gain better insight into how to continue balancing our need for safe schools with the rights and responsibilities of our students. ]]> 2021-03-11 19:55:26 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300004807 Slide #13 Best Practices lsnodgrass11 https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300005361
  • When in doubt ask!  It is far better to seek experience and wisdom from someone that to assume you know something that you may not.
  • As a campus administrator, never conduct a strip search.  It violates local policy (Administrative Law) and may constitute a civil rights violation.
  • As a school resource officer, if you have probable cause to conduct a strip search, do so outside the education setting and do not connect your actions with the school.  You want the courts to understand why you did what you did without obscuring the case if conducted on school premises.
  • Always stay current with law updates and legal trends.  Annually you can find several groups or companies that will send out legal updates.  Use these to improve your knowledge on a subject and help your colleagues.
  • Know your local policies!  Understand the difference between Legal and Local and when you follow which.  It is vital to stay within the guidelines of your district's policy.
  • Lastly, understand that you should not be afraid to search a student. Be confident in the knowledge that you have leaned and be able to articulate why you took the appropriate action. Students will bring illegal items from time to time and you will need to search to keep your campus safe.
    • ]]>     2021-03-11 19:55:33 UTC https://padlet.com/lsnodgrass11/y8gr2s549yp5enfx/wish/1300005361