My 9 yr old son was searched at school!!!?

Question

My 9 yr old son came home in tears Friday and informed me that a female yard duty teacher was told by another student he had stolen 20 dollars......instead of asking him to empty his pockets she put her hands in all of his pockets and turned them inside out....she then proceeded to tell him in front of about 30 other students to take off his shoes....needless to say he was humiliated and she NEVER found the "20 dollars" he supposedly stole....Are there laws against this??? I have an appt with the principal on Monday. Thank you

Answer 1

this may be against the fourth amendment

which is below

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

this explains the fourth amendment

http://en.wikipedia.org/wiki/Search_and_...

good luck :] im sure you could sue and make some good money

Answer 2

I'm pretty sure police have to be called for a search, but I'm not sure. ask a lawyer or a police officer.. I'm sure you can get her in trouble for at least assault

Answer 3

contact the local ACLU for information and threaten the school with legal action.

violations of our civil liberties must NOT be tolerated.

Answer 4

thats terrible, i would have the appointment with the principal see how it goes, inform a lawyer to see if you can make a case out of it

Answer 5

Oh my gosh! That is the craziest and rudest thing I have heard!!

I am so glad you are going into the school .. I wouldn't let that behavior from an Adult go!

I don't know about any laws against it, but being molested in public isn't far from what she did! I would stick to your guns girl!!

That women owes him a public apology!

Answer 6

yes there are laws against it

she can't search him like that

that is a lawsuit right there

Answer 7

Ooooohhhh, I'd be FURIOUS! Not even so much about it being illegal, but that he was humiliated.  If it were my son, I'd be down there wanting answers and a public apology. He's NINE! What's wrong with people? You don't deal with children like that.

Don't take this lying down, stand up for him and let them know this isn't acceptable.

Answer 8

r u sure the yard duty teacher was a yard duty teacher?

and yes there must be laws against this...

Answer 9

Search of Student's Person

The superintendent or his/her designee may search the person of a student if the school official has reasonable grounds to believe that the student is in possession of contraband.

Search of the person shall be limited to the student's pockets, any object in the student's possession such as a purse or briefcase, and/or a "pat down" of the exterior of the student's clothing.

Search of the person shall be conducted out of the presence of other students and as privately as possible. At least one but not more than three additional persons of the same s*x as the student being searched shall witness but not participate in the search.

The parent or guardian of any student searched shall be notified of the search as soon as reasonably possible.

Searches of the person which require removal of clothing other than a coat or jacket shall be referred to a law enforcement officer. No strip search shall be carried out by any school employee.

This is what I found to be pretty common with most school guidelines.  as far as the procedure of searching a students person.  

I don't know the school your child attends, but all you have to do is to check the hand book search procedures should be clearly listed.  

But it should be very close to this one and  all searches should be done privately out of the veiw of any other student.

Answer 10

Are you sure that it was a yard worker?

but yes i think there are laws against this!

Answer 11

awwww :( i feel sorry for him

that shouldnt be allowed

Answer 12

I think she assaulted him but I don't know for sure.

Answer 13

"The Supreme Court of the United States, in a 6-3 decision issued by Justice White, ruled that the search and seizure by school officials without a warrant was constitutional as long as the search was deemed reasonable given the circumstances. The Court reaffirmed that there is a balancing between the individual's--even a child's--legitimate expectation of privacy and the school's interest in maintaining order and discipline. Accordingly, school officials do not need a warrant to search the belongings of students, but they do require a "reasonable suspicion"."

I don't know if it varies state to state, but in NJ, they have to have probable cause and they don't need a warrant from police. I believe that it has to be someone like the principal, not yard lady, that has to conduct the search. Good luck, I hope the woman gets fired.

Answer 14

That is ridiculous!!! If I were you, I would do some research on that, like a little 'homework', and if it's against the law, press charges. No one puts their hands on my children but me.

Answer 15

Illegal search and seizure. That goes against your son's constitutional rights.

Answer 16

i think she could have been nicer and asked him to empty it but it is sadly not illegal so this case can't win in court but the yard lady in school can still get in trouble -h

however it can be done -e

Answer 17

sue that ***** & egg her house for family fun time!

Answer 18

There is definitely something wrong with that, im sure the teacher isn't allowed to do that.... Even if it was allowed (hypothetically speaking), you have the right to be outraged because they didn't consult you for a young child like that..... you should call the school board if you want it to be that big of an issue....You can make a fuss  ^^ I've had stuff like that happen to me and when my mom went to the school, she'd talk to the principal and he'd be extremely apologetic.... Make sure you're aggressive and your son asserts himself properly that he did not like the way the teacher treated him. Tell him not to be shy :P

Answer 19

Defiantly, I'm in 8th grade and my teacher talked about this kind of stuff a lot. The 4th amendment states that no person can be searched unless they had a permit from the police. What your child's teacher did was illegal.

Answer 20

It is against the 4th... Please, don't let it slide... A teacher should know better than to be touching ANY student-- let alone going INSIDE his shorts(pockets) without permission from a parent or a permit..... What she did was not a little touch, it was violating...... She entered your childs shorts. Be aware the principal will try to back the teacher up, don't give in to it (it's a bunch of bull.) ... Threaten them with a lawsuit for the 4th.

Let us know what happens! God Bless you and your son.

Answer 21

In a school, a lot of the times constitutionality goes staight out the window.

BUT, this can be classified as assult. A teacher touched his pants doing something he easily could have done himself without his permission. I'm sure the principal will have some guidlines for you. Good luck.

Answer 22

That is totally wrong.  She should ask him to empty  his pockets. I would also have the teacher on yard duty present with you and the principal, and have her explain things.

Answer 23

Yes, it's illegal, but there is a huge grey area here.

If the yard duty believed that there was imminent danger, she can search your son.

Many parents do not realize that kids leave their constitutional rights at the door when they go to school, despite rulings to the contrary by the Supreme Court.

Answer 24

I would call the police station and ask them if it's illegal for anyone to do that with out parents permission or call the school board.  That just really pisses me off I would raise all kinds of h**l because what she did to your son is wrong

1. she shouldn't of talked to him with all the kids around she could,of taking him to a room but I believe there hast to be 2 adults together so there is no sexual assualt. when she got in his pocket she was too close to his privates . I wouldn't wait till monday I would of marched up there and complain but I wouldn't go to the principal I'd go to the school board and the cops.

Answer 25

I agree with what the man said below me. That is cruel. That is very illgeal. They are humilating him in front of the whole school, which isn't good. I've been humliated before, but not like that! That is terribly. If i were you at least talk to a cop about it, that is not right!