Albuquerque Public Schools
PJ47 Student Searches
PJ47 Student Searches
To ensure the safety of the school population, school personnel may conduct searches of students. The district acknowledges both state and federal constitutional rights that 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 the student is committing a crime or breach of the disciplinary code 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 will depend upon:
-
The value and reliability of information used as justification for the search
-
The prevalence and seriousness of the problem to which the search is directed
-
The urgency under which a search needs to be conducted
Even if individualized reasonable suspicion exists, the scope of the search will 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 will be required to have probable cause to search a student.
Types of Searches
Vehicle Searches
Any school administrator or designee may search a student's vehicle while it is parked on school property if there is reasonable suspicion that the student is committing a crime or breaching the disciplinary code.
If school personnel feel a crime may have been committed, APS Police must be notified.
Physical Searches
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 school administrator or designee.,
-
Minimally Intrusive Searches—Any school administrator or designee may conduct minimally intrusive searches, such as emptying pockets, searching student backpacks and purses, and removing hats, socks, and shoes.
-
More Intrusive Searches—Searches such as pat-downs and frisks may only be conducted by an authorized person. Administrators may conduct more intrusive searches when they have reason to believe that a student may be in possession of a firearm, a weapon, or a dangerous drug. A student search would be documented in the body of the behavior referral in the student information system.
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:
-
Deputy Superintendent of Operations
Department Director:
-
Chief of Albuquerque Public Schools Police
References:
Legal Cross Ref.: §22-5-4.3 NMSA 1978
Procedural Directive Cross Ref.:
-
APS Handbook for Student Success
NSBA/NEPN Classification: JIH
Draft: September 2002
Reviewed: September 24, 2010
Reviewed: October 15, 2010
Reviewed: November 8, 2010
Revised: November 12, 2010
Reviewed: July 7, 2022
Revised: July 15, 2022
Reviewed: May 13, 2024
Revised: May 13, 2024
Reviewed: June 23, 2025
Revised: June 23, 2025