HAR §8-19-18

HAR §8-19-18. Prohibited searches and seizures

Last amended: 2019Length: 225 wordsOfficial source

Cite as Haw. Code R. § 8-19-18

** Except as provided in section 8-19-14 regarding student lockers: (1) Random searches are prohibited. (2) Strip searches are prohibited. (3) A school official shall not conduct a search requiring bodily contact of a student except when such a search is necessary to prevent harm to the health or safety, or both of a person or persons. (4) In the course of a search, the use of force against a student is prohibited unless the school official believes that the force to be used is necessary to prevent harm to the health or safety, or both of a person or persons or where the student physically resists the search. (5) A search conducted under the provisions of this subchapter shall be limited to the object or objects for which the search was conducted. However, any other object observed during a search may be seized by a school official when possession of the object is a violation of law or the provisions of this chapter, or when non-seizure may pose a threat to the health or safety, or both of a person or persons, including the school official conducting the search. [Eff 5/23/86; comp 7/19/93; comp 5/19/97; comp 2/22/01; am and comp 9/10/09; comp NOV 17 2019] (Auth: HRS §302A-1112) (Imp: Hawaii Const. Art. X, §3; HRS §§302A-1101, 302A-1112) # SUBCHAPTER 5 # REPORTING OFFENSES **
HAR §8-19-18: HAR §8-19-18. Prohibited searches and seizures | Justis AI