JosephandApril said:
What is the name of your state? michigan
my question is about my childs rights as a minor. recently there was an incident @ my childs school, some money came up missing from the classroom on one occasion so the next day the principal and his teacher watched the classroom after school to see which students went back in. my child happened to be one of two who did. he had forgotton an assignment and went to grab it before getting on the bus to go home.( another student was already in the classroom.) they pulled my child off the bus, questioned him and the other child, called the police and had my childs pockets and bag searched, never informed him of any rights (including the officer) all of this was done without my knowledge or permission. the officer cleared my son of any wrong doing, but i'm wondering, could they do all that without my permission?
Sorry that I didn't see this post sooner. (I see that you have already spoken with a lawyer in regards to this so I am coming to this quite late.) I have several problems with this set of facts as you have described them. Do I understand that the money came up missing the day before the "stake out" of the classroom by the teacher and principal occurred? Am I to understand that the "reasonable suspicion" for the search of the child was based on nothing more than his return to a classroom wherein a theft had occurred on the previous day?
As to the police officer, I have said this before and I will say it again: Anytime there is a custodial interrogation of a minor, a parent, guardian or lawyer must be present during the questioning. This was most definitely custodial as your child was pulled off the bus for the questioning. Then the police were called and the police conducted a search of the child's person and of the child's property. I presume that the police officer also asked your child question before, during or subsequent to the search and his "clearing" him. If the police officer asked your son any questions, and I feel certain that he did, regarding the theft, then a parent, guardian or attorney should have been present.
You did the right thing in talking to a lawyer. Even if we overlook that the search was conducted by a police officer rather than school officials, for those who believe that school officials are exempt from the fourth amendment, the United States Supreme Court in NEW JERSEY v. T. L. O., 469 U.S. 325 (1985) had this to say:
It is now beyond dispute that "the Federal Constitution, by virtue of the Fourteenth Amendment, prohibits unreasonable searches and seizures by state officers." Elkins v. United States, 364 U.S. 206, 213 (1960); accord, Mapp v. Ohio, 367 U.S. 643 (1961); Wolf v. Colorado, 338 U.S. 25 (1949). Equally indisputable is the proposition that the Fourteenth Amendment protects the rights of students against encroachment by public school officials:
"The Fourteenth Amendment, as now applied to the States, protects the citizen against the State itself and all of its creatures - Boards of Education not excepted. These have, of course, important, delicate, and highly discretionary functions, but none that they may not perform within the limits of the Bill of Rights. That they are educating the young for citizenship is reason for scrupulous protection of Constitutional freedoms of the individual, if we are not to strangle the free mind at its source and teach youth to discount important principles of our government as mere platitudes." West Virginia State Bd. of Ed. v. Barnette, 319 U.S. 624, 637 (1943).
Now the fact that public school officials have greater latitude in that they do not have to have a search warrant to search a pupil for "reasonable suspicion" that the child is involved in criminal activity or in violation of school rules, nor do school officials h have to have "probable cause," for the search, they are not exempt from the U.S. constitution.