FILE:  JCABB

STUDENT INTERROGATION

Police have the responsibility to protect all citizens by enforcing the laws of the community.  In this respect, police may visit the school (whether at the invitation of school officials or for reasons of their own) in search of information or in carrying warrants for search and/or arrest.  Any law enforcement official entering school premises shall be required to report first to the office of the principal, state his/her purpose, and produce identification and warrants, if any.

A student in school shall not be interrogated by any law enforcement official without the knowledge of a school official.  Parents shall be notified, if possible and when appropriate, prior to any search, interrogation, or arrest of a student, and such notification shall be documented.  Police may search a student or his/her locker if they have a valid search warrant, or if they have probable cause to believe a student is secreting evidence of an illegal act.  At school, a student may only be questioned by police officers in private and shall be entitled to have an adult present in connection with any investigation.

If an officer has probable cause for arrest, the student shall be informed of his/her legal rights.  In situations other than routine questioning, the student may request an attorney's advice and/or presence.  A student may be released to the custody of persons other than the parent or legal guardian if placed under arrest by legal authority. If the student is removed from the school by legal authority, parents shall be notified of such action by school officials as soon as possible.

In the absence of a warrant or probable cause for suspension, police authorities shall have no right to question students in the school buildings, or to use the school's facilities in connection with official police work; nor do school officials have any obligation to make students available to the police.

This student interrogation policy shall not apply to investigations concerning child abuse.  Any investigation of child abuse by an authorized investigator on school premises shall receive full cooperation from all school personnel.  Admission of the investigator on school premises or access to the child in school shall not be denied by school officials.

Ref:     La. Rev. Stat. Ann. §17:81

La. Children's Code, Art. 601, 603, 609, 610

West Baton Rouge Parish School Board