(a) A student may be subject to physical search because of the results of a locker search, or because of information received from a teacher, staff member, student or other person if such action is reasonable to the principal.

Terms Used In Tennessee Code 49-6-4205

  • Drug: means any controlled substance, controlled substance analogue, marijuana, alcohol, legend drug or any other substance the possession or use of which is regulated in any manner by any governmental authority, including the school system. See Tennessee Code 49-6-4202
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
  • principal: means the administrative head of a public school, by whatever title the person may be known. See Tennessee Code 49-6-4202
  • School: means all public schools that conduct classes in any grade from kindergarten through grade twelve (K-12). See Tennessee Code 49-6-4202
  • Student: means any person, regardless of age, enrolled in the public school. See Tennessee Code 49-6-4202
  • weapon: means any dangerous instrument or substance that is capable of inflicting any injury on any person. See Tennessee Code 49-6-4202
(b) All of the following standards of reasonableness shall be met:

(1) A particular student has violated school policy;
(2) The search will yield evidence of the violation of school policy or will lead to disclosure of a dangerous weapon, drug paraphernalia or drug;
(3) The search is in pursuit of legitimate interests of the school in maintaining order, discipline, safety, supervision and education of students;
(4) The search is not conducted for the sole purpose of discovering evidence to be used in a criminal prosecution; and
(5) The search shall be reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student, as well as the nature of the infraction alleged to have been committed.
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