2006-09-27 07:01:57 · 20 answers · asked by murrymaddy 1 in Education & Reference ➔ Other - Education
The teacher has no legal right to search a child, only a duly authorised person (e.g. police, customs officer, etc) can search another person.
The duly authorised person would need to have an appropriate adult present for the search, be it a parent, guardian or social worker.
2006-09-27 07:11:30 · answer #1 · answered by Nick B 3 · 0⤊ 0⤋
No they can't. Even the police here cannot, unless they had probable cause, like they have them on tape shoplifting or are arresting them. But just to search a minor they have to get parents permission. And a school has no right. They have to let local police do the search. If it was for weapons, drugs, theft, ect... they have to call in the police. A school teacher cannot search a child and can get in very much trouble for doing so. A child at my nephew's school was searched by the pricnciple, and was found to have a lighter. The lighter was against safe school policy, but the search was illegal and the child suffered no consequence. In fact the family pressed charges on the school administration. Even if police call you wanting to search your child and you say no they have to get a search warrent to do so. And usually when a child is searched the parent is supposed to be present. The police may hold him for an hour waiting for you to get there, but they are supposed to wait for you. At least that is what I was told. And I live in Utah so your state might be different with laws. The teacher should have at least contacted police or you and let you search your child.
2006-09-27 14:18:31 · answer #2 · answered by fast_bird94 3 · 0⤊ 0⤋
What country/state are you in? In American states they can do a reasonable search of the student legally within certain bounds. In Kansas they can search lockers, purses and backpacks, and they can pat the child down, but anymore than that has to be done by the school's officer, and only with cause. What is considered reasonable search varies by state though. (The courts have also upheld the school's right to do drug tests on their student atheletes as well.)
In fact, don't many schools in most states require the children to have clear backpacks to make searching them easier? Students have suprisingly few rights to expression and privacy, unless they are college students. Take a look at the Hazelwood decision, or any number of books detailing the rights of students. Heck, read your child's student handbook. You'll see they are not permitted to wear a lot of things, which as an adult you'd have a right to wear via your freedom of expression. But, safety concerns etc. means the schools can prohibit many things, right down to what jewelry and hairstyles are allowed. My school made middle school boys stay clean shaven, even though more than one fellow could have (and wanted to) grown a moustache/beard.
This page I found online details what I mean, and explains that the courts have upheld the school's right to search students. Quote from the second link: "The most relevant case is New Jersey v TLO (469 US 325 [1985]). Here the Court recognized two things. First, it reaffirmed the role of the school in loco parentis, but it also recognized that school officials are representatives of the State. These two roles can come into conflict, but the Court said that students in public school are not able to assert the same rights as adults in other settings. Rules were established for searches, such as reasonableness, not excessively intrusive, and related to the offense that is being investigated." So, what were the details of the search? If you really feel they went too far, call the ACLU for a consultation.
2006-09-27 14:16:33 · answer #3 · answered by xasshaiza_starhand 2 · 0⤊ 0⤋
NO a teacher can not search a child without a parent being present.
even the police are not allowed to interview a child without a parent being present let alone search them.
in this day and age with all the abuse that goes on, ie peadophiles, any teacher who does this is just setting themselves up for an abuse charge.
so if this has already happened to you i would seriously take the matter further and get advise from a solicitor and also let the head teacher know what you are intending to do.
good luck.
2006-09-27 14:19:18 · answer #4 · answered by mythmagicdragon 4 · 0⤊ 0⤋
Check your state and local laws to be sure, but I don't believe a teacher can search a student at all, especially if the student is a minor and a parent or guardian is not present. If there was reason for the search, the teacher should have notified the school resource officer. He or she would have been able to perform a serach of the student if necessary. I would check with your local law enforcement or call an attorney.
2006-09-27 14:05:51 · answer #5 · answered by Holly 2 · 1⤊ 0⤋
Nope - shouldn't think so. Most schools have a no touch policy and so they could never make your kid show what they have on them. You might want to do some investigating yourself to find out what the teacher was actually looking for, if it's even true that he/she searched your child. Kids will say anything to get adults into trouble and so give kids who really do need help a bad name. Phone the school and ask about it all, but be tactful as it may transpire that the real story was very different.
2006-09-27 14:07:13 · answer #6 · answered by lovelylexie 4 · 1⤊ 0⤋
No, as this is technically regarded as assault (the same reason 'nit nurses' are not allowed to inspect heads either.) The child can be asked to empty their pockets etc. or the parents should be called. I would think that if it is thought the child or others may be at risk they would be restricted to a separate room or other appropriate action taken as necessary until the parent is present.
2006-09-27 14:14:32 · answer #7 · answered by Purple 8 4 · 0⤊ 0⤋
What planet are you all living on: If the teacher has reasonable cause to believe that the child is in possession of a firearm or dangerous drugs - are you saying that the teacher cannot search and remove the danger from the child. The teacher would be failing in his/her duty if they did not take reasonable steps to protect the children in their care. If that means searching and removing such items from the child, so be it................
2006-09-27 14:14:27 · answer #8 · answered by thomasrobinsonantonio 7 · 0⤊ 0⤋
You can't do that! A teacher can ask your child to search their bag or turn their pockets out but they should not touch them. Was another teacher present when this happened? I'd arrange for a meeting with the headteacher
2006-09-27 14:39:10 · answer #9 · answered by bessie 2 · 0⤊ 0⤋
Actually no they can't personally search the child. They could search the locker at school. But the child and his back back no they cannot.
2006-09-27 14:04:33 · answer #10 · answered by lillady 4 · 1⤊ 0⤋