Haw. Code R. § 8-19-18 - Prohibited searches and seizures

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.

Notes

Haw. Code R. § 8-19-18

[Eff 5/23/86; comp 7/19/93; comp 5/19/97; comp 2/22/01; am and comp 9/10/09] (Auth: HRS § 302A-1112) (Imp: Hawaii Const. Art. X, § 3; HRS §§ 302A-1101, 302A-1112) Am and comp 11/17/2019