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New Jersey School Search Policy Manual and Companion Reference Guide

This Policy manual is dedicated to the memory of William J. Brennan, Jr., who served for many years as a member the New Jersey and United States Supreme Courts.  Justice Brennan was a tireless and eloquent advocate of individual rights, and spoke on many occasions of a school teacher's task to imbue students with an understanding our system of constitutional democracy.

This Manual is intended for use by school administrators and teachers, local police department, sheriffs, the State Police, and county prosecutors' offices.  It is designed to enhance the knowledge of school officials and law enforcement officers in New Jersey.  This manual does not create any rights beyond those established under the Constitutions, statutes, and regulations of the United States and the State of New Jersey, and shall not be construed to preclude the Attorney General or a county prosecutor from making any argument in the source of litigation.

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Table of Contents Page Listing for Entire Document
Chapters Chapter One Introduction and Overview

Chapter Two General Principles

Chapter Three Searches Based On Individualized Suspicion

Chapter Four Generalized or Suspicionless Searches

Chapter Five  Informants and Confidential Sources of Information

Chapter Six  Interviews and Interrogations

Chapter Seven  Searches Conducted Prior to or During School Field Trips and School-Sponsored Events

Chapter Eight  Consent Searches

Chapter Nine  Surveillance and Patrolling Schools

Chapter Ten  Searches of Persons and "Strip" Searches

Chapter Eleven  Plain View

Chapter Twelve  Exigent Circumstances

Chapter Thirteen  Urinalysis Drug testing

Chapter Fourteen  Cooperation between Education and Law Enforcement Officials


Tables Table of Authorities

Table of Appendices


Appendices Appendix One  Original Attorney General Guidelines Regarding School Searches

Appendix Two   Attorney General Executive Directive 1988-1 concerning Law Enforcement Operations on or Near School Property

Appendix Three  The State model Agreement Between Education and Law Enforcement Officials

Appendix Four  New Jersey Administrative Code 6:29-10.1 et seq. (Safe and Drug-Free Schools)

Appendix Five  New Jersey Administrative Code 6:29-6.1 et seq. (Substance Abuse)

Appendix Six  New Jersey Administrative Code 6:29-9.1 et seq. (The Reporting of Allegations of Child Abuse and Neglect)

Appendix Seven  Commissioner of Education Memorandum to Chief School Administrators Regarding Zero Tolerance for Guns Act (1995)

Appendix Eight  Sharing Juvenile Delinquency Information with Schools (1995)

Appendix Nine A  Sample of Search Warrant Affidavit

Appendix Nine B  Sample of Search Warrant

Appendix Ten  Using Juveniles as Informants

Appendix Eleven   Strip Search and Body Cavity Search Requirements


School Search Checklist A Companion Reference Guide to the New Jersey School Search Policy Manual
Complete Document Full document in one file (45 Meg)



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