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La Canada USD |  BP  5145.11  Students

Questioning And Apprehension   

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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

830-832.17 Peace officers

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