FNF(LEGAL) - STUDENT RIGHTS AND RESPONSIBILITIES: INTERROGATIONS AND SEARCHES

Searches of Students

  1. The action is justified at the inception; i.e., the school official has reasonable grounds for suspecting that the search will uncover evidence of a rule violation or a criminal violation.
  2. The scope of the search is reasonably related to the circumstances that justified the search in the first place; i.e., the measures adopted are reasonably related to the objectives of the search and are not excessively intrusive in light of the age and sex of the student and the nature of the infraction.

Random Drug Testing

  1. The nature of the privacy interest compromised by the drug-testing policy.
  2. The character of the intrusion imposed by the drug-testing policy.
  3. The nature and immediacy of the governmental interests involved and the efficacy of the drug-testing policy for meeting them.

Searches of Telecommunications/ Electronic Devices

  1. Intentionally accessing without authorization a facility through which an electronic communication service is provided; or
  2. Intentionally exceeding an authorization to access that facility.

Exceptions

  1. By the person or entity providing a wire or electronic communications service;
  2. By a user of that service with respect to a communication of or intended for that user; or
  3. By sections 18 U.S.C. 2703, 2704, or 2518.

Electronic Communication

Electronic Storage

  1. Any temporary, intermediate storage of a wire or electronic communication incidental to the electronic transmission thereof; and
  2. Any storage of such communication by an electronic communication service for purposes of backup protection of such communication.

By Law Enforcement

  1. The owner or possessor of the telephone or device consents to the search;
  2. The telephone or device is reported stolen by the owner or possessor; or
  3. The officer reasonably believes that:
    1. The telephone or device is in the possession of a fugitive from justice for whom an arrest warrant has been issued for committing a felony offense; or
    2. There exists an immediate life-threatening situation, as defined by Code of Criminal Procedure 18A.201.

Use of Trained Dogs

Harmony ISD

FNF(LEGAL)-P

UPDATE 103

DATE ISSUED: 10/22/2015