Office of Accreditation & Teacher Quality

Student Rights & Responsibilities

Seizure

The Fourth Amendment also regulates the seizure of an individual or his property.  A seizure is an interference with a student's freedom of movement or interference with a student's possessory interest in property.  Schools are unique in that a large number of students are in a small area with a limited number of teachers and/or staff to control the students.  The United States Supreme Court has acknowledged the difficulties inherent in controlling students while providing a quality education.  Moreover, during the school day, students are under the control of school personnel rather than their parents or guardian.  Thus, in a school setting, restrictions on a student's freedom of movement or possessory interest in property are ongoing.  For example, students need to be in a specific class and not wandering the halls, and students may be restricted in what they bring to school or whether they can carry a backpack to class.  These are not seizures for Fourth Amendment purposes. 

There may be circumstances, however, where because of the conduct of a student, the student's freedom of movement may be more restricted.  The principles outlined on searches would also be applicable here.  In addition, when law enforcement comes to the school to arrest a student or seeks to question a particular student, the district should establish policies to address those situations, so that the school district is not involved in a constitutionally unprotected seizure of a student.

Furthermore, when the specific circumstances suggest that the student, because of mental health or other issues, is an immediate danger to himself or others, state law, such as SDCL ch. 27A-15, provides for specific procedures to be followed to protect the individual student's rights and protect the other students and staff in the school.  Detention in such a situation would be warranted until the student is controlled or is removed to an appropriate place to address the student's particular needs.  School districts have broad authority to regulate local schools.  For more information, see the section on Suspension and Expulsion.