Regulation 5145.12
Search And Seizure
Reviewed Date: March 15, 2015
Revised: May 30, 2024
Use of Metal Detectors
The Superintendent or designee shall ensure that the following safeguards are used when making metal detector scans:
1. Before walk-through, students shall be asked to empty their pockets and belongings of metallic objects.
2. If an initial metal detector activation occurs, students shall be asked to remove other metallic objects that they may be wearing (e.g., belt and jewelry) and to walk through a second time.
3. If a second activation occurs, a hand-held metal detector shall be used.
4. If the activation is not eliminated or explained, staff shall escort the student to a private area where an expanded search shall be conducted by a staff member of the same gender as the student in the presence of another district employee.
5. The search shall be limited to the detection of the cause of the activation.
Use of Contraband Detection Dogs
Contraband detection dogs shall not be used in classrooms or other district facilities when the rooms are occupied, except for demonstration purposes with the handler present. When used for demonstration purposes, the dog shall be separated from the students and not allowed to sniff any individual.
Prior to conducting an inspection, students shall be asked to leave the room that will be subject to the canine sniff. No student shall be forced to leave personal items behind for inspection, unless school officials have reasonable suspicion to search the item.
Only the dog's official handler shall determine what constitutes an alert by the dog. If the dog alerts on a particular item or place, the student having the use of that item or place, or responsibility for it, shall be called to witness the inspection. If a dog alerts on a locked vehicle, the student who brought the vehicle onto district property shall be asked to unlock it for inspection.
Notifications
At the beginning of each school year and upon enrollment, the Superintendent or designee shall inform students and parents/guardians about the district's policies and procedures for searches, including notice regarding:
1. The possibility of random searches of students, their belongings, their vehicles parked on district property, and district properties under a student's control, including lockers or desks
2. The district's contraband dog detection program
3. The use of metal detector scans
In addition, the Superintendent or designee shall ensure that signs are posted at all schools at which metal detectors are to be used to explain that anyone may be scanned by metal detector for guns, knives, or other illegal weapons when on campus or attending athletic or extracurricular events.
Policy Reference Disclaimer:
These references are not intended to be part of the policy itself, nor do they indicate the basis or authority for the board to enact this policy. Instead, they are provided as additional resources for those interested in the subject matter of the policy.
State Description
CA Constitution Article 1, Section 28 Right to Safe Schools
Ed. Code 32280-32289.5 School safety plans
Ed. Code 35160 Authority of governing boards
Ed. Code 35160.1 Broad authority of school districts
Ed. Code 48900-48927 Suspension and expulsion
Ed. Code 49050-49051 Searches by school employees
Ed. Code 49330-49335 Injurious objects
Pen. Code 1546-1546.1 Production of or access to electronic communication information
Pen. Code 626.10 Dirks, daggers, knives or razor
Pen. Code 626.9 Gun-Free School Zone Act of 1995
Management Resources Description
Attorney General Opinion 83 Ops.Cal.Atty.Gen. 257 (2000)
Attorney General Opinion 75 Ops.Cal.Atty.Gen. 155 (1992)
Court Decision In re William G (1985) 40 Cal. 3d 550
Court Decision In re Latasha W. (1998), 60 Cal. App. 4th 1524
Court Decision In Re William V. (2003) 111 Cal.App.4th 1464
Court Decision Klump v. Nazareth Area School District (E.D. Pa. 2006) 425 F. Supp. 2d 622, 640
Court Decision In re Cody S., 121 Cal. App. 4th 86, 92 (2004)
Court Decision In re Sean A. (2010) 191 Cal. App. 4th 182
Court Decision In G.C. v. Owensboro Public Schools (6th Cir. 2013) 711 F.3d 623
Court Decision Redding v. Safford Unified School District (2009) 557 U.S. 364
Court Decision Zamora v. Pomeroy (10th Cir. 1981) 639 F.2d 662
Court Decision B.C. v. Plumas (9th Cir. 1999) 192 F.3d 1260
Court Decision Horton v. Goose Creek Independent School District (5th Cir. 1982) 690 F.2d 470
Court Decision Jennings v. Joshua Independent School District (5th Cir. 1992) 948 F.2d 194
Court Decision New Jersey v. T.L.O. (1985) 469 U.S. 325
Court Decision O'Conner v. Ortega (1987) 480 U.S. 709
National Institute of Justice Publication The Appropriate and Effective Use of Security Technologies in U.S. Schools: A Guide for Schools and Law Enforcement Agencies, 1999
Website CSBA District and County Office of Education Legal Services
Website National Institute of Justice
Website California Department of Education, Safe Schools
Website California Attorney General's Office
Website CSBA
Cross References
Code Description
0410 Nondiscrimination In District Programs And Activities
0450 Comprehensive Safety Plan
0450 Comprehensive Safety Plan
1312.1 Complaints Concerning District Employees
1312.1 Complaints Concerning District Employees
3513.4 Drug And Alcohol Free Schools
3515 Campus Security
3515 Campus Security
3515.3 District Police/Security Department
3515.3 District Police/Security Department
3515.31 School Resource Officers
4131 Staff Development
4231 Staff Development
4331 Staff Development
5111 Admission
5111 Admission
5111.1 District Residency
5111.1 District Residency
5125 Student Records
5125 Student Records
5125.1 Release Of Directory Information
5125.1 Release Of Directory Information
5125.1-E(1) Release Of Directory Information
5131 Conduct
5131.2 Bullying
5131.2 Bullying
5131.6 Alcohol And Other Drugs
5131.6 Alcohol And Other Drugs
5131.7 Weapons And Dangerous Instruments
5131.7 Weapons And Dangerous Instruments
5131.8 Mobile Communication Devices
5144.1 Suspension And Expulsion/Due Process
5144.1 Suspension And Expulsion/Due Process
5145.11 Questioning And Apprehension By Law Enforcement
5145.13 Response To Immigration Enforcement
5145.13 Response To Immigration Enforcement
5145.3 Nondiscrimination/Harassment
5145.3 Nondiscrimination/Harassment
5145.6 Parent/Guardian Notifications
5145.6-E(1) Parent/Guardian Notifications
5145.9 Hate-Motivated Behavior
6163.4 Student Use Of Technology
6163.4-E(1) Student Use Of Technology