my nephew was searched in school today by police officer and was not told why he was being searched. NOthing was found on him.
2006-11-08 19:45:08 · 11 answers · asked by lampchop 1 in Politics & Government ➔ Law & Ethics
The Supreme Court has ruled that in minors have fewer rights than adults do in certain cases, especially in schools. They had the right to search him on probable cause, but only then. If they did not have probable cause then it was illegal. In any case, this could be the grounds for a lawsuit to fight the age discrimination that students suffer in schools.
2006-11-08 19:52:03 · answer #1 · answered by empressashley 1 · 0⤊ 0⤋
It's different for students in a school environment. The Supreme Court decided in New Jersey v. TLO that need by teachers and administrators to maintain order outweighs the privacy interests of students. Teachers and administrators, including school police officers, can search "when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of school." Some states have different laws and procedures. For example, in California, the state Supreme Court expanded on the definition and stated "reasonable grounds" must be supported by "articulable facts." Random searches and searches based on hunches or rumors are not justified. So if you are in California, this was likely an unlawful search, even in a school setting. Check your state laws on the matter. And don't listen to CJ, his ramblings made absolutely no sense. Hope this helped some.
2016-05-21 23:49:45 · answer #2 · answered by Anonymous · 0⤊ 0⤋
This would be a violation of the students civil rights. Anything that would be found while doing this would not be admissible in court as it would be illegal search and sezuire.
I would contact an attorney and have them follow up on it RIGHT NOW
2006-11-08 19:47:56 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Police can search schools with proper permission from the school management.
2006-11-08 19:49:05 · answer #4 · answered by harsha 2 · 0⤊ 0⤋
Yes they have the legal right and a moral right also. How many school shootings do you need before you want to protect children? It did not hurt him or traumatize him to be searched. If it did he needs psychological help now
2006-11-08 20:53:06 · answer #5 · answered by mark g 6 · 0⤊ 0⤋
Maybe the guard was ordered by authorites, inspection, I guess, or maybe someone conspired!
Or just using him as part of the investigation on some sensational case.
He's got to find it out!
but there should be a search warrant, ok?
2006-11-08 19:50:46 · answer #6 · answered by Lordimpalerthe 2 · 0⤊ 0⤋
Yes they can. The school is a public institution and obviously they were looking for something maybe drugs or weapons.
2006-11-08 22:18:00 · answer #7 · answered by elaeblue 7 · 0⤊ 0⤋
I bet he was traumatized by this.
Maybe he should get over the fact that someone who was trying to stop people from bringing guns/drugs to school looked through his bag.
2006-11-08 20:22:57 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Search is not valid if there is no reason for it as provided for in the Constitution.
2006-11-08 19:48:32 · answer #9 · answered by FRAGINAL, JTM 7 · 0⤊ 0⤋
his property yes they can... but his body no they shouldnt without a guardian present and giving consent.
just depends on if a "school rules" paper was signed that gave them the right,
2006-11-08 19:49:16 · answer #10 · answered by Anonymous · 0⤊ 0⤋