Saturday, August 21, 2010

Does a school have the right to search kids without parent permission?

My sons school searched all the 7th and 8th grade students for drugs. I learned this happened yesterday when he came home from school. I feel like my son's rights were violated. No one from school called me to say anything about this was going to be done. The school treated these children like common criminals. He doesn't need to be subject to search at school. He goes there to get an education not to be treated like a criminal.Does a school have the right to search kids without parent permission?
And if your kid was poked with a needle at school by another child, would you be saying that the school did enough? With that said, the school has a duty to prevent dangers and protect all the kids. They can search who they like and do not need your permission to do so. They usually use dogs to check lockers and cars. He is not being treated like a criminal. He is being treated like every other student. Tell me, would you want drugs in the school? How would you suggest that the school keep them out? I wonder how loud you would be screaming if a gun was not found and you child was shot. That would be a horrible thing. So don't you want the school to do all it can in all ways to protect your child?Does a school have the right to search kids without parent permission?
4th Amend req no UNREASONABLE search w/out warrant. CONSENT an exception which parent might give. Search in school 'reasonable' upon 'reasonable suspicion' (differ from probable cause needed by cop): specific facts supporting individualized suspicion. If search not individualized, likely illegal.

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Yes the school has that right an if your son an you knew about the search the drug dealers would stay home maybe you an your son needs a drug test you sure would not be raising hell if a gun was found or drugs would you hell no you would not so if your little boy was not doing any thing he would have said mom they search the school today isnt that good think lady
The answer is... yes.





They do have the right to search your child without permission, despite the ';needle anxioty'; or the ';fear of needles';. The school wants to keep kids safe, and it is VERY ILLEAGAL for any human being to use drugs. The school had every right to search him if there were any suspicions.
Ask them to provide you a copy of the consent form.





Unless you consent to a search, the fourth amendment applies and they need a warrant.





No consent and no warrant means you have an actionable cause against these thugs.





Sue their @ss.





Use the freedom of information act to get a list of the other children's names and addresses, then initiate a class-action lawsuit.


.
Madam,





The school searched the children to keep all of them safe from those who might have brought drugs into the school.


Instead of worrying about your rights and his rights why don't you go down to the school and volunteer to help.





Every school I know needs more hands, more eyes, more people who will volunteer tutor time or whatever else the school needs to try to help these kids grow up without turning to drugs. Where do you think most of them get their drugs? From other kids.





Be thankful your school is taking the problem seriously.





Would you rather have your child searched or would you rather have him stoned?





Maggie
i feel that way too, but its important they do
Yes, I am sorry to say. They do.
Yes they do....It's a safety issue, not a legal issue. The school is responsible for your child's safety. You sound like a parent that complains when the kids are searched and would be the first to scream foul if nothing was done and your kid got hurt, somehow. Grow up !
Sorry. I think they are subject to search once they come on to school property. You should be more concerned about the drugs in your son's school than the violation of his civil liberties.
and what would you have said if one of those students had a firearm, and the school did nothing because they didn't have his parents permission to search? you and those like you are the biggest problem we have today
Yes, they do have that right. If your son is not into drugs, then why would he feel like a common criminal? Just explain to him that these searches are necessary to make sure that he is safe at school and not to take it personally. If some kid brought a gun to school and they found that while searching for drugs wouldn't you be glad he was found out before he shot up the school, possibly killing your son and other children?
As a parent you are perfectly justified in voicing your opinion to the school principal. If you don't like what he/she has to say, feel free to take it to the district administration and to the school board.
Yes, if it is a public school then the rules are established by the school board and state law. If it is private, then you have a choice to send your son there. With all of the craziness that is happening in schools, you are complaining about a search for drugs?





Wow.
after a few more crazy kids acts you would endorse that policy.
they try anyway
no only if someone heard that he had drugs. it does sound like his rights were violated because he did nothing wrong.
Only a law enforcer has the right to do a body search .I would report this right away.We tell are children to not let any one touch them and they do this at school.This is so wrong
Yes, your child's school has the right to search for drugs and other contraband. His rights were not violated.
indeed, i think you sign something in the beginning of the year... they have the right to search lockers too... and cars when he gets to that age
yes, according to the supreme court precedent New Jersey v. TLO the school has the right to search a student or students locker based purely on reasonable suspicion. The mass search of lockers is not to treat them like criminals, but to protect the safety of the students. the lockers are technically county or city property, so they have the right to search them.
The school has an obligation to keep the students safe, and if that involves stepping on some students' toes, so be it.
You should be glad the school cares enough to try to protect the students from drugs. You should drive to school and thank the principal personally that he is trying to look out for your kids. Oh, bring a box of donuts or something too.

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