When The Cops Come Knocking: �Tips for When Law Enforcement Come to School

June 23, 2026

Cathleen M. Dooley

Erin H. Walz

These slides reflect general legal standards for the related presentation and are not intended as legal advice �for specific situations.

Future legal developments may affect these topics.

This document may not be reproduced or redistributed, in whole or in part, without the express written permission of Thrun Law Firm, P.C.

Caution

Agenda

• Reporting to law enforcement
• Criminal activity
• Access to students (and their records)
• Immigration & Customs Enforcement

Reporting to Law Enforcement

Call the Cops!

• Administrators may contact law enforcement any time criminal activity suspected (if no SRO on campus)
• When there is any activity that threatens the health or safety of a student or disrupts or threatens to disrupt school environment

School Related Criminal Activity

Any alleged or suspected criminal activity that occurs on school grounds, at a school-sponsored event, or in a vehicle owned or used by a school

This Photo by Unknown Author is licensed under CC BY-ND

Criminal Activity Includes �Threats to Commit Violence

(1) A person who verbally, through the use of an electronic device or system, or through other means intentionally threatens to use a firearm, explosive, or other dangerous weapon to commit an act of violence against any students or school employees on school groups or school property if the threat can be reasonably interpreted to be harmful or adverse to human life, or dangerous to human life . . . Is guilty of a misdemeanor . . .

(2) A person who violates subsection (1) and who in the course of violating subsection (1) had the specific intent to carry out the threat, or had undertaken an over act toward carrying out the threat, is guilty of a felony . . .”

MCL 750.235b

Reporting Abuse and Neglect

• Mandated reporters must immediately report all instances of suspected child abuse or neglect to the central reporting system of DHHS
• Any other employee should report but check your school policy—reporting might be mandatory regardless of status
• You may report to law enforcement, but this does not satisfy the requirement that you report to DHHS’s central reporting system

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Access to Students

Legal Standards to Search

O.W. v Carr�(4^th Circ., 2026)

• 13 yo middle school student received sexually explicit photo from female student
• Months later he showed 2 students photo during school day and forwarded it to third student
• AP pulled male student from class, searched photos of phone (could not find it), notified police
• AP and police officer questioned student, who confessed
• Officer directed student to show her photo

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O.W. v Carr�(4^th Circ., 2026)

• Student criminally charged
• Student claimed AP violated 5^th Amendment right against self-incrimination and 4^th Amendment right to be free from unreasonable search/seizure

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O.W. v Carr�(4^th Circ., 2026)

Court:

• AP’s review of student’s photos was justified at its inception and reasonable in scope – reasonable suspicion standard
• Warrantless cell phone search lawful
• AP’s phone search not “in conjunction with” police officer, so not subject to higher probable cause standard

O.W. v Carr�(4^th Circ., 2026)

Court:

• Fifth Amendment can be implicated when school officials interview student with police present
• AP did not threaten student, deprive of necessities – did not force confession
• Questioning lead by school official in familiar setting
• Police present for part of questioning did not change analysis

Interviews:�School Related Criminal Activity

• Officers must notify the building principal before questioning a student
• Request officers’ identification before allowing student questioning
• Attempt to contact the student’s parent/guardian before student is questioned
• Questioning cannot proceed if the student’s parent cannot be reached

Exception: �Health and Safety Emergency

Questioning can proceed without parent contact:

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“… if knowledge of the information is necessary to protect the health or safety of the student or other individuals” 34 CFR 99.36(a)

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Health and Safety Emergency Determination

• Evaluate on a case-by-case basis, emergency exists only if:
• The specific situation presents imminent danger or threat to students or other members of the community, or
• Requires immediate need for information to avert or diffuse serious threats to the safety or health of a student or other individuals

​

Letter to Baise FPCO (2004)

Interviews: Non-School Related Criminal Activity

No questioning about non-school related criminal activity without parent consent or an appropriate warrant or court order

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Taking Students into �Custody

• To take a student into custody, officers must have:
• A warrant,
• Written Parent consent, or
• A court order
• Principals must request a copy of the authorizing document and record:
• Officer’s name
• Badge number
• Law enforcement agency
• Date
• Time
• Reason for arrest
• Location student is being taken to

Taking Students into Custody

• Minimize ability of others to observe student being taken into custody
• Immediate notification to student’s parents about the removal and new location
• Unless student is being taken as a victim of suspected abuse or neglect

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Abuse �and Neglect Cases

Without regard to other rules governing law enforcement access to students, when it is an abuse and neglect case, schools MUST allow access to child without parental consent if DHHS has determined it is necessary

Cooperation in �Abuse and Neglect Case

• Before accessing a student on school property, DHHS must review its responsibilities and investigation procedures with designated school staff

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• After accessing student, meet with designated school staff and the child regarding its response to allegation

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DHHS’s search of a child at school may not include requiring the child to remove clothing to expose buttocks, genitalia, or breasts unless DHSS has a court order

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Law Enforcement�Access to Student Property

School Lockers

• No expectation of privacy
• School officials can search locker or its contents at any time for any reason
• Law enforcement may assist school officials upon building principal or designee’s request

This Photo by Unknown Author is licensed under CC BY-SA-NC

Canine Searches of Property

• Canines permitted on school property with:
• Prior written permission of Superintendent or building principal
• Court order, copy retained by Superintendent or building principal
• Random sniff of student property permissible

Canine Search: Effect of Alert

Alert from canine usually constitutes sufficient probable cause for law enforcement search

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Law Enforcement Access to Student Records

Family Educational Rights and Privacy Act

• FERPA limits the type of student information that can be disclosed and the circumstances in which disclosure is permissible.
• Limitations apply to disclosures to local law enforcement and Immigrations and Customs Enforcement agents

FERPA Permitted Disclosures

Permissible disclosure circumstances:

• Directory information-always permissible
• As long as parents have not opted out
• With written parent consent to disclosure
• A court order or subpoena
• Parents must be notified of District’s intent to cooperate
• Necessary due to a health or safety emergency

This Photo by Unknown Author is licensed under CC BY-SA-NC

Video Disclosure

• Video may be an education record. If it is determined to be an education record disclosure is limited by FERPA
• Same disclosure limitations apply:
• With written parent consent
• Subject to a court order or subpoena
• Necessary in response to health or safety emergency

This Photo by Unknown Author is licensed under CC BY

Is It an Education Record?

• Key Distinction: Directly Related to Student, evaluated on a case-by-case basis
• Used for disciplinary action (or other official purpose) involving student (including victim)
• Student violating the law
• Student being injured or victimized
• Focus on a specific student

20 USC 1232g; FPCO FAQ �(April 19, 2018)

Immigration & �Customs Enforcement

The Agency

• U.S. Immigrations and Customs Enforcement (ICE) enforces the Immigration and Nationality Act
• Regulates investigations and detention of undocumented noncitizens
• Federal law prohibits school officials from interfering with an ICE investigation or from knowingly concealing an undocumented noncitizen

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No More Protected Areas

2011 - 2025:

• ICE operated under “protected areas” policy
• Limited immigration enforcement actions in sensitive locations like hospitals, churches, and schools
• Under policy, immigration enforcement actions rarely occurred on school property
• Policy was management guidance document (not law)

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January 21, 2025: Acting Director of Homeland Security rescinded policy

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Laws Implicated

• U.S. Supreme Court: undocumented noncitizen school-age children are entitled to equal protection of the law, including state laws that provide for free public education.

Plyler v Doe, 457 US 202 (1982)

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• Michigan’s Elliott-Larsen Civil Rights Act: prohibits schools from excluding, expelling, limiting, or otherwise discriminating against a student because of race or national origin.

MCL 37.2402

Laws Implicated

• McKinney-Vento Homeless Assistance Act: requires schools to educate students who do not have a fixed nighttime residence, including “migratory children.” Children experiencing homelessness have a right to immediate enrollment in their current location or school of origin.

Judicial Warrants �v Administrative Warrant

• Judicial warrants: issued by courts; allow law enforcement to make arrests, seizures, or searches

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• Administrative warrants: issued by federal agency, such as ICE, and signed by an immigration judge or officer; authorizes ICE agent to make an arrest or seizure but does not authorize a search

How Much Can We Say?

Disclosure of a student’s citizenship or immigration status to law enforcement without legal cause would violate FERPA and could be viewed as a violation of the Equal Protection Clause and the ELCRA.

Get a Plan: Ahead of ICE

• Designate public and private access zones of school buildings. Public areas may include entryways or lobbies. Private areas may include classrooms, classroom hallways, gymnasiums, libraries, etc.
• Designate areas with signage.
• ICE cannot enter any area that the general public does not have access to without a judicial warrant.

Get a Plan: Ahead of ICE

• Designate district-wide contact point for ICE situations. �Tell everyone who it is!
• Ensure that “front line” staff knows the difference between administrative and judicial warrants and that they are not required to answer questions �or consent to searches.

Get a Plan: Initial Contact

• If ICE agents are seen congregating outside, all efforts will be made to keep them outside the school building while their identity and purpose are verified.
• Immediately contact district contact person who will come to the school to engage with the agents.

Get a Plan: Initial Contact

Front Office Staff

Suggested Response:

“I am not authorized to provide information or to consent to this sort of request. Please give me a copy of whatever paperwork you have, and please wait while I contact my Supervisor/School Administrator.”

Admin Contact with ICE

• Contact district representative and legal counsel.
• Require officer to produce warrant or other lawful order before providing access to a student or access to nonpublic areas of the school unless officer asserts exigent circumstances (i.e., imminent risk of death, violence, or physical harm to a person).
• Carefully review any order to ensure it is lawfully issued.

Admin Contact with ICE

• If ICE agents request student information or records, obtain detail of what they are requesting.
• Personally identifiable information is protected by FERPA and will not be released to ICE agents without parental consent or under exigent circumstances.
• Directory information may be released to ICE if the school has complied with all relevant FERPA notice standards.�(Note: a student’s citizenship or immigration status is not directory information and is protected by FERPA)

Follow the Plan

• If ICE agents do not follow district procedures, place buildings into lockdown, consistent with district response to any visitor who refuses to comply with school rules.
• If ICE agents appear during student drop off or pickup times, initiate lockdown and send an emergency alert to staff and families notifying them of the situation.

Follow the Plan

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