A minors legal rights

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?

Read your enrollment agreement you and/or your spouse signed when your child was registered for school. It will say the the school has specific rights and those include searching the students and their possessions. I would suggest you contact an attorney if you disagree with the enrollment agreement.

reply

I never signed an agreement for my childs school upon enrollment. the only paper i signed was an emergency form and a info sheet for where to send my child in case of emergency, doctor preference, etc. never, ever did i sign permission for my child to be searched upon a whim.

Were you sent a book or booklet like thing that had the school's policies and procedures? Typically you have to tear out the front or back sheet and sign it and send it back in saying you have received this book. It's pretty standard. How old is your child? I would think a young child the school would have contacted you. If this is an older child they probably didn't need mommy in order to answer some questions. Just curious if they found anything cause I can't figure out why you would be upset that they searched his things. What if it was another child and they found a gun or a bomb, would it be ok then?

reply to dumb johnson

There is nothing in the handbook that gives permission to search children unless they are suspected of carrying something illegal. (ex. gun, knife, bomb) If you would actually read my first statement you would see that there was nothing found on him. my problem with this whole situation is, they pulled him off the bus, did not notify me, so in the meantime, i am waiting for my child to get off the bus and worried as to where he is. (after all in this day and age shouldn't i be?)and furthermore, it is upsetting because of the embarressment this cause my child, whom by the way is 10 and an honor roll student. apparently to some this would not be cause for asking a simple question on a message board, but unlike you, my son means more than that to me

A little touchy when someone asks questions. I can see how you could overreact to small things. If something was stolen it would be illegally obtained. I asked to age because in my opinion it would vary my response and expectations. At what time did they notify you? You were notified at some point right. I think there are three sides to every story and yours is so obviously told with no respect to theirs that those questions had to be asked. I hope you don't teach your small mindedness and prejudices to your child, the world already has enough idiots as it is.

not touchy, just no respect for people who can't or refuse to pay attention. i've read your other replies to other boards and it seems you have no wisdom to offer anyone, thankfully i have been able to get advice from someone who actually knows their facts and could assist me in my suit against the school for their illegal search. perhaps if you spent more time looking for a job and not wasting others time you would be less of a speed bump in peoples lives

i can also see that the world has enough idiots, with you i have found the leader. sorry that i care for my children more than you obviously do, it's crappy parents like you who have made our society the way it is .

I posted this in another thread, I thought it was appropriate to post it here too.

JosephandApril, it is real easy to find folks to call idiots when the law disagrees with your feelings. That is why I usually suggest folks go talk to a local lawyer to have their question answered. And please print out the thread from this forum and show the lawyer too. I would be willing to bet money the lawyer agrees with the answers you received. A famous athlete once told someone to put their money where there mouth is, here is your chance to prove us all wrong. Print out this thread and yours and to pay a lawyer to read them and give you his legal opinion. It's time to put up or shut up.

hey gramps, i did put up, so why dont you and all the other idiots shut up. i started this hoping to get advice from an attorney, but only recieved advice from idiots. like the unfrozen caveman lawyer states.......we will all bow down to you in light of your vast knowledge. i in fact have started a suit with a real lawyer, so go back to sleep gramps

perhaps if you had actually read through you might have saved yourself some precious time.

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?

Click to expand...

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.