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Current as of January 02, 2024 | Updated by Findlaw Staff
(a)(1) 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.
(2) A search conducted pursuant to this subsection (a) may only be conducted by a:
(A) School resource officer who is acting, for the purpose of the search, as a school official;
(B) School security officer; or
(C) School administrator who has completed training pursuant to § 49-6-4212.
(3) If a student is under eighteen (18) years of age, then the principal must notify the student's parent or legal guardian within a reasonable time of the search.
(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.
(c) This section does not:
(1) Authorize a search that violates the fourth amendment to the United States Constitution or the Constitution of Tennessee, Article I, § 7; or
(2) Restrict a law enforcement officer from conducting a lawful search on school property.
Cite this article: FindLaw.com - Tennessee Code Title 49. Education § 49-6-4205 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-49-education/tn-code-sect-49-6-4205/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature before relying on it for your legal needs.
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