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

The state or jurisdiction(s) you selected for this subcategory are shown below, followed by the laws and regulations. To add or change states, use the Back button and resubmit your search request.

To view a state profile showing school discipline laws and regulations in all subcategories for a given state, click on the state name.


No relevant laws found.


§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.

American Institutes for Research

U.S. Department of Education

The contents of the National Center on Safe Supportive Learning Environments Web site were assembled under contracts from the U.S. Department of Education, Office of Safe and Supportive Schools to the American Institutes for Research (AIR), Contract Number  91990021A0020.

This Web site is operated and maintained by AIR. The contents of this Web site do not necessarily represent the policy or views of the U.S. Department of Education nor do they imply endorsement by the U.S. Department of Education.

©2024 American Institutes for Research — Disclaimer   |   Privacy Policy   |   Accessibility Statement