This is serious please only answer?

Question

My nephew was searched by a teacher and a police officer with out permision of a parent at school they would not call his parents the teacher had the object the hole time i need help

there was a bunch of kids in the room also he has his own cell phone a 300.00 dollar phone why would he take a pick up and go and just a month ago they stole his phone and ipod and no police was called i think it is a ethnic issue and they found nothing on him and they threatened to kill him hello i think that is bull*ucken *hit

Answer 1

Have his parents call a lawyer they could sue the school

Answer 2

The police do not need the permission of a parent to search a suspect. Stop trying to enable your child's illegal activities.

And the BS thickens. Many schools have rules against having cellphones and iPods in school.

If your plan is to keep shoveling out little parts of the whole story until you get some sympathy, just move on. If a real injustice had been done, you would have told us the complete story.

If the school confiscated his phone or his iPod because it violated school rules, they do not need to involve the police since it is not a legal issue, it is a rules enforcement issue. If the student escalates the issue further (such as refusing to abide by the rules) the school may involve a police officer.

If you really believe that your child's rights were violated, go see a lawyer. Be prepared to provide a LOT more than the sketchy little story you gave us, lest he laugh you out of his office.

Answer 3

If he is on school property he can be searched without a warrant or police. Please don't listen to these Perry Masons without a law degree.

You don't say what state you're in but in most states under the law, if a school official wants to search you, there are two requirements. First, before he or she searches you, there must be a "reasonable suspicion," based on facts, that the search will produce evidence that you are violating the law or a school rule.

For example, the principal would have to have specific information that would lead a reasonable person to believe that a student is carrying a weapon, drugs or cigarettes. Second, the way he or she searches you should be "reasonable" based on your age and what is being searched for.

These restrictions apply to searches of a student’s person (i.e., pat down of clothes, emptying pockets) and any personal belongings, including backpacks, lunch bags, or cars (if they are on school grounds). Yes, your entire car can be searched at any time if you drive it onto a school parking lot, no warrant is needed.

Answer 4

I agree that you should find a lawyer, but find one that is familiar with school law. There is a student-search law on the books (New Jersey v T.L.O) that had to do with search. The issues have to do with the 4th Amendment. A lot of what your nephew's case will do with what it was exactly he was supposed to have had - how dangerous the object was, and if there was "probable cause" that he had broken the law.

Not having parents there could go either way; school officials are expected to act "in loco parentis," or in place of parents.

Answer 5

Once a student enters school, they are subject to the rules of the school and the school takes over the role as the parent. Traditional laws of search and seizure do not apply.

Answer 6

They have every right to do that. It sucks but it's in almost every schools policy. As long as the kid was searched in front of another adult working at that school it's a legal search. The most you can do is put in a formal complaint with the school board.

Answer 7

Call a lawyer!

Answer 8

yeah call a lawyer and see what the local laws say about that kind of situation.
I would sue them anyway if that was my kid.

Answer 9

Call a lawyer! He can tell you where you stand!

Answer 10

Welcome to the NAZISATION of America.We No Longer Have any Rights.Its all a fallacy,they take them from you in a blink of your eye.