FILE:  JCABC

Cf:  JGCE

 

INTERROGATIONS

 

 

When law enforcement officers wish to confer with a student at school concerning police business, the officers are to be requested by the principal to hold such a conference at a time when he/she is not under the school's jurisdiction unless circumstances are of such an emergency or dangerous condition that an immediate school conference is warranted.  The following steps must be taken if such a school conference is to be allowed:

 

  1. The officer shall properly identify himself.
     

  2. Parents are to be notified immediately, if possible.  The principal shall make every effort to inform parents or guardians of the interest of the police authorities.
     

  3. The student's parent or guardian must be afforded the opportunity to be present if the conference is held in the school.

 

POLICE OFFICERS' RIGHTS WITH REGARD TO PUPILS

 

Police officers have no absolute right to enter the school premises and demand to interrogate any student.  It is the Monroe City School Board's feeling, however, that a spirit of cooperation should be extended to law enforcement officials when it has been shown that circumstances necessitating a school conference are of an emergency or dangerous condition.  Parents must be notified and given the opportunity to be present at such an interrogation.

 

Police officers have no right to remove a student from the school for purposes of interrogation without parental consent.

 

However, police officers, counselors of the juvenile court, or other authorized law enforcement officials have no absolute right to enter the school to take the child into custody or to make a lawful arrest of the student without proper legal documents.  An officer must display either an order signed by a judge of the juvenile court authorizing him/her to take the child into custody, or to display a warrant for the child's arrest.

 

If law enforcement officials come into the school to arrest a student, the following procedures should be followed:

 

  1. The principal or designee must read the warrant to confirm its validity.  If there needs to be clarification, the School Board attorney or district attorney should be contacted.
     

  2. The identification of the law enforcement officers should be confirmed.
     

  3. The student should be escorted to the school office so that the arrest can be made there.  However, the student may be called into the hall and arrested there.  It is against School Board policy to arrest a student in a classroom.  Such arrest could be dangerous to other students.
     

  4. The principal should immediately contact the parent/guardian after the arrest.

 

While police officers have the legal right to serve a subpoena at school, the serving officials should be strongly urged to serve these subpoenas at the home of the student whenever possible.

 

In all of these situations, every possible step should be taken to insure a minimum of embarrassment or loss of class time for the student.

 

The office of the Superintendent shall be notified immediately when any of the above actions have occurred.

 

 

Ref:    La. Rev. Stat. Ann. ยง17:81

 

Monroe City School Board