West Virginia School Discipline Laws & Regulations: Search and Seizure

Discipline Compendium

West Virginia School Discipline Laws & Regulations: Search and Seizure

Category: Conditions on Use of Certain Forms of Discipline
Subcategory: Search and Seizure
State: West Virginia

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LAWS

No relevant laws found.

REGULATIONS

§126-99-5. Severability.

Section 3. Protection from Unreasonable Searches and Seizures and Self-Incrimination Federal and state constitutions and statutes provide protection for all citizens from unreasonable searches and seizures. Although school personnel have more latitude than police officers in this regard, because they do not need search warrants, search and seizures of lockers or students by school officials must be reasonable and based upon the information known by them at the time of the search. Personal property may be searched by those authorized where there is reasonable suspicion to believe that student property contains stolen articles, illegal items, or other contraband as defined by law or by local board or school policy.

Students also have a right under federal and state constitutions not to incriminate themselves about a crime when questioned on school grounds by an individual acting in the capacity of a law enforcement official. The students are entitled to be informed of their right against self-incrimination if they are in a custodial setting, in other words, the students are not at liberty to terminate the interrogation and leave. Students do not have a constitutional right against self-incrimination when being questioned by school officials or Prevention Resource Officers (PRO) acting under the supervision of school officials who are investigating school-related misconduct.

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