Law enforcement officers may seek to interview and question students on school premises regarding possible criminal activities. Unless the District contacts the police agency requesting participation in an investigation, it is the general policy of this District to not allow the officer to question students at the site absent a warrant or other court order produced by the officer, or, in the alternative, a declaration under penalty of perjury executed by a sworn officer to the effect that such questioning on campus without a court order is necessary due to exigent circumstances.
Subpoenas
Although subpoenas may legally be served at school, the Board believes that serving officials should be strongly urged to serve subpoenas at the home of the student whenever possible. If served on campus, steps should be taken to ensure a minimum of embarrassment or loss of class time for the student.
Legal Reference:
EDUCATION CODE
44807 Duty concerning conduct of students
48264 Arrest of truants
48265 Delivery of truant
48902 Notice to law enforcement authorities
48906 Release of minor student to peace officers; notice to parent, guardian
48909 Narcotics and other hallucinogenic drugs (re arrest)
CODE OF CIVIL PROCEDURE
416.60 Service of summons or complaint to a minor
PENAL CODE
1328 Service of subpoena
WELFARE AND INSTITUTIONS CODE
627 Custody of minor
CODE OF REGULATIONS, TITLE 5
303 Duty to remain at school
COURT DECISIONS
Camreta v. Greene, (2011) 131 S.Ct. 2020
People v. Lessie, (2010) 47 Cal. 4th 1152
In re William V., (2003) 111 Cal.App.4th 1464
ATTORNEY GENERAL OPINIONS
54 Ops.Cal.Atty.Gen. 96 (1971)
34 Ops.Cal.Atty.Gen. 93 (1959)
Management Resources:
WEB SITES
California Department of Justice, Office of the Attorney General: http://oag.ca.gov
Policy LA CANADA UNIFIED SCHOOL DISTRICT
adopted: November 13, 2012 La Canada Flintridge, California