ISSA Advanced Training Conference

Handout Material

Presentation Title: Safe and Proper Pat-downs and/or Searches

Presenters:Steven Guthrie: Indiana Law Enforcement Academy

Michael Anderson: Anderson Police Department

  1. Disclaimer:
  2. The information contained in the training material, Safe and proper Pat-downs and/or Searches are for the exclusive use of participants who attended this training. The Instructors make no guarantee of results and assumes no liability in connection with either the information contained herein or material presented by the instructors. Furthermore it cannot be assumed that every appropriate procedure has been presented or that some situations may require additional and/or alternative procedures. Participants are reminded that federal and state statues, Court Rulings, localordinances, and their agency’s policies may differ and will supersede whenever there is a conflict with the information contained in this training material.
  1. Mission:
  2. The mission of public or private schools is to maximize the academic and social development of the students. The big challenge is to balance student’s constitutional rights with the need for safety and preventing violence or disregard for rules.
  1. Objectives:
  2. Constitutional awareness.
  3. Increase awareness on reading body language and potential signs of resistance.
  4. Know how to conduct a safe and proper pat-down and/or search.
  5. Increase awareness for common places a student may hide weapons, drugs, and/or other objects on their person or other places.
  1. Constitutional Amendments:
  2. The Fourth Amendment prohibits unreasonable searches and seizures
  3. The concern is government entities becoming over zealous and violating a student’s privacy.
  1. Reasonable Suspicion

a. Based on information, experience, and knowledge. Reasonable suspicion

wrongdoing is a common-sense conclusion about human

behavior' upon which `practical people' including government

officials are entitled to rely.

b. The United States Supreme Court adopted a two prong test to

determine whether a school official’s action is ground for

reasonable suspicion.

i. The action must be at its inception

ii. The search must be reasonably related in scope to the

circumstances which justified the search in the first place.

  1. Probable Cause

a. Generally refers to the requirement in criminal law that police have

adequate reason to arrest, conduct a search, or seize property relating to an

alleged crime based upon the facts and circumstances that a prudent person

would believe a crime has been committed or will be committed.

  1. The Fifth and Fourteenth Amendments each contains a due processclause that deals with administration of justice and thus the due process clause acts as a safeguard from arbitrary denial of life, liberty, or property by the Government outside the sanction of law. Usually “due process” refers to fair procedures.
  2. Due Process Clause provide four protections:

a. Procedural due process,

b. Substantive due process,

c. Prohibition against vague laws,

d. Incorporation of the Bill of Right

However the due process can give the person a chance to tell their side of the story.

Specific information about charges and supporting evidence.

  1. The Fourth Amendment and maybe the Fifth Amendment might apply.

a.Drug testing – (extracurricular activities)

b.Use of a Canine

  1. Contraband in plain view can be seized without Probable Cause, Reasonable Suspicion, or a warrant.

ii. Canine searches are seen as non-intrusive.

Locker searches and metal detectors

i. Lower expectation of privacy

ii. May look in lockers or desks without notification

V. Searches of backpacks, wallet, and personal computers:

A. School staff only needs Reasonable Suspicion – (U.S. Supreme Court 1985 – New

Jersey v. T.L.O.)

1. Student searches:

a. School Policy/State Law

b. Pat-downs are minimally intrusive

c. Searches are more intrusive

i. Both must be justified, (e.g. specific reasons, rule violation, etc.)

Circumstances:

  • Age
  • Gender
  • Staff Gender
  • Rule/Law Violated

2. Other Case Laws:

a. A.S. v. State of Florida, 1997

b. In re Commonwealth v. Carey, 1990

d. Bridgman v. New Trier High School District N0. 203, 1997

e. DesRoches v. Caprio, 1998

f. Burnham v. West, 1997

B. Conducting the Searches:

1. Pat-downs:

a. Once again follow your school policyand/or case law.

b. Open up a dialogue

i. Ask them to come to you

ii. Continue to read body language – especially non-verbal cues

ii.Ask the student(s) to empty their pockets and/or backpack.

2. Searches:

a. Always follow your school policy or case law.

i. Searches are more intrusive

b. Student needs to be cooperative

i. Have the student empty pockets/back pack, etc.

ii. If student is uncooperative contact you local law enforcement agency

c. Strip searches are considered highly invasive and shouldNOTbe conducted -Safford

Unified School District v. Redding, 557 U.S. 364 (2009)

3. Conduct Systematically

a. Signs of Resistance

Noncompliance

Placement of feet, (e.g. quartering)

Stare

“Dancing Feet”

Pulling away

Lowering shoulder

4.Detecting Deception

a. Verbal vs. Non-verbal Communication

i. Content 7-10%

ii. Voice 33-40%

iii. Other Non-verbal 50-60%

Behavior Analysis

  • Nervous
  • Defensive
  • Watch the eyes
  • Hard to swallow
  • Nervous cough
  • Overly Anxious
  • Evasive
  • Cannot get a straight answer
  • Overly Polite/Overly Cooperative

5. Deception

a. Deception appears as leakage across multiple channels

Shifty eyes

Gaze aversion

  • Eyes looking left reliable sign of lying – MYTH

i. The channels are

Facial Expression

Gestures and body language

Voice

Verbal style

Verbal statement

b. Deceptive Responses

i. Listen to what someone says and how they said it.

Are there drugs, weapons on you or in your backpack, locker, or yourvehicle:

  • “Not that I know of”
  • “I don’t think so”
  • “Shouldn’t be”
  • “If there is it’s not mine”
  • “Not to my knowledge”

VI. Common places to hide drugs, weapons or other objects:

A. Drugs:

1. Highlighters/Pens

2. Lip Gloss/Lip Sticks

3. Vehicles

4. Pen/Pen Holders

5. Bathrooms

6. Candy Wrappers

7. Belt/Belt Buckle

8. Homework/Posters

9. Shoes/Socks

10. Electronic Devices

B. Weapons:

1. Pockets

2. Waist Band

3. Belt/Belt Buckle

4. Inside Pant Legs

5. Cuffs

6. Socks

7. Shoulders - Back

Edge Weapons

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