To ensure the safety of the school population, school personnel may conduct searches of students. The district acknowledges both state and federal constitutional rights which are applicable to personal searches of students, searches of their possessions (e.g., pocket contents, backpacks, handbags, etc.) and vehicle searches. School administrators need only have individualized reasonable suspicion that a particular search will reveal evidence that a crime or breach of the disciplinary code is being committed by the student or that a safety or security issue may exist. Individualized reasonable suspicion is established when the observation of specific and describable behavior or information from a credible informant leads one to reasonably believe that a particular student is engaging in or has engaged in prohibited conduct. The reasonableness of the search shall depend upon:
Even if individualized reasonable suspicion exists, the scope of the search shall be such that the measures used are reasonably related to the purpose of the search and not excessively intrusive.
Law enforcement officers not specifically assigned to the school shall be required to have probable cause to perform a search of a student.
Types of Searches
Search of a student's vehicle while parked on school property may be conducted only if a school employee, Albuquerque Public Schools police officer, school security officer or campus security aide has reasonable suspicion that a crime or breach of the disciplinary code is being committed by the student.
Search of a student's person or property may be conducted only where there is individualized reasonable suspicion that the student being searched has committed a crime or a breach of the disciplinary code. Searches may be conducted by a certified school employee, Albuquerque Public Schools police officer, school security officer, or campus security aide.
Strip searches of students shall be conducted only in life-threatening situations or in situations that pose a possible danger to the school population. Administrators may only conduct more intrusive or most intrusive searches when they have reason to believe that a student may be in possession of a firearm, a weapon, or a dangerous drug.
Administrators who conduct a student strip search shall report the search to their appropriate associate superintendent. The appropriate associate superintendent shall, at least monthly, report the number of most intrusive searches to the superintendent.
Student desks, school lockers, storage spaces and school computers are not the private property of a student but the property of the school district and may be opened and subject to inspection without student consent.
Administrative Position: Chief of Albuquerque Public Schools Police/Assistant Superintendent for School and Community Support
Department Director: Deputy Chief of Albuquerque Public Schools Police
Legal Cross Ref.: §22-5-4.3 NMSA 1978
Board Policy Cross Ref.:
Procedural Directive Cross Ref.:
NSBA/NEPN Classification: JIH
Draft: September 2002