Duress/legal search

[FATMANYOU2]

What is the name of your state (only U.S. law)?
TEXAS
Two juveniles were dismissed from school after the bell rung. The two students are bus riders and decide they do not want to ride the bus. An administrator notices the two male juveniles go another direction. The administrator calls them over but they decide to run. Another administrator is notified by radio two male students are running towards a metro bus stop (not on campus). The administrator runs after them and brings them back to campus. The administrator begins to search their book bags and pockets, one of the juveniles refuses to let the administrator search his bag. When asked to search his bag again the juvenile is about to take off running, the administrator grabs the juvenile in a choke hold almost. The administrator checks the bag and discovers metallic knuckles wrapped in note book paper. The student is in the process of being sent to an alternative school or expelled.

Was this legal after they were dimissed and brought back to campus?

 

[OHRoadwarrior]

In general, the school is liable until you reach home or leave the property by your normal method. If you ride the bus, you need permission to not do so. If you walk, you need permission to ride a bus to a friends.
You will lose your argument, he had the brass knuckles in school earlier in the day.

 

[sMoOtHcRiMiNaL]

I disagree with the above poster.

IF YOU RIDE THE BUS YOU NEED PERMISSION NOT TO????
That's false right there.....

Riding a bus is an option. Like for instance: Let's say a parent works in the morning on Monday and Tuesday, but is off Wednesday- Friday. The days parent is off, they give their kid a ride to school. But on Monday and Tuesday the kid has to take the bus. Every wednesday thursday and friday the kid doesn't have to inform the bus driver he is not taking the bus.

And as far as your comment as the school being responsible until the kid makes it home: how is that valid? That would mean that the school's are responsible for all the missing and murdered children who were abducted from school.


To the OP: I think it's a crock of ****. and it's Texas. the legal system is tough there.
if it were my kid- and they were treated with being put in a choke hold- I'd already have them removed from the school before the "school" decided to expell him.

 

[Proserpina]

I disagree with the above poster.

IF YOU RIDE THE BUS YOU NEED PERMISSION NOT TO????
That's false right there.....

Riding a bus is an option. Like for instance: Let's say a parent works in the morning on Monday and Tuesday, but is off Wednesday- Friday. The days parent is off, they give their kid a ride to school. But on Monday and Tuesday the kid has to take the bus. Every wednesday thursday and friday the kid doesn't have to inform the bus driver he is not taking the bus.

And as far as your comment as the school being responsible until the kid makes it home: how is that valid? That would mean that the school's are responsible for all the missing and murdered children who were abducted from school.


To the OP: I think it's a crock of ****. and it's Texas. the legal system is tough there.
if it were my kid- and they were treated with being put in a choke hold- I'd already have them removed from the school before the "school" decided to expell him.

You need to quit posting until you actually read the initial post and know what you're speaking about.

Really.

 

[sMoOtHcRiMiNaL]

I did read the original post.

How is disagree with another poster wrong?


Oh, I get it. Because I only made 3 posts and I'm a n00b- I'm not welcome to give my opinion.

 

[Proserpina]

I did read the original post.

How is disagree with another poster wrong?


Oh, I get it. Because I only made 3 posts and I'm a n00b- I'm not welcome to give my opinion.

Because your post is not based on the law.

That's what makes it "wrong".

 

[sMoOtHcRiMiNaL]

then why didn't you give the same reply to the poster i disagreed with.
How was their post based on "the law" and not their own opinion?

You obviously have no idea what you are talking about. Either that- or you're from Texas.

 

[Proserpina]

then why didn't you give the same reply to the poster i disagreed with.
How was their post based on "the law" and not their own opinion?

You obviously have no idea what you are talking about. Either that- or you're from Texas.

Because OH's post was actually accurate.

 

[Isis1]

then why didn't you give the same reply to the poster i disagreed with.
How was their post based on "the law" and not their own opinion?

You obviously have no idea what you are talking about. Either that- or you're from Texas.

first off, you don't know if the children were assigned to ride the district school bus home. you should have asked that clarifying question before you jumped the gun.

until THAT question is answered, none of what you stated is truth.

 

[sMoOtHcRiMiNaL]

How is OH's post accurate???

 

[OHRoadwarrior]

How is OH's post accurate???

Because there are general liabilities schools have to ensure safe transport between home and school. The limit of the liability differs by state and extent though. What is proper in one state, may not be in another.
In this case the administrator may have been wrong, by bringing them back. He won't have been wrong for punishing the student, for having the brass knuckles at school.

 

[sMoOtHcRiMiNaL]

I'm not trying to start a fight here-

But who's to say that the brass knuckles weren't given to him OFF property- and the only reason they were ON property is because the kids were dragged back to the school- where then upon search- the knuckles were found.
Which goes back to the OP's original question- is this illegal search?

I think with the right lawyer- this case could be won- because the defense would makes the points that it was after they were dismissed from school- and the kids were literally dragged back to campus.

Illegal searches. They are won all the time.

 

[OHRoadwarrior]

Sure, the OP could hire a lawyer to fight the school. However, he is not fighting the law, he is fighting the school and the nature of the fight is different.

 

[CdwJava]

Two juveniles were dismissed from school after the bell rung. The two students are bus riders and decide they do not want to ride the bus.

How old are they? What are the conditions of riding the bus? Are students required to get permission from a parent to avoid the bus and take another route home?

Out of curiosity, why did they not want to take the bus? What was it they intended to do? (Usually this indicates they intend to do stuff that they are not supposed to.)

An administrator notices the two male juveniles go another direction. The administrator calls them over but they decide to run. Another administrator is notified by radio two male students are running towards a metro bus stop (not on campus). The administrator runs after them and brings them back to campus.

The concept of in loco parentis generally applies from the time students head to school until they arrive home or at some similar location. You do not generally get to flee from your parent, and as such, not from the school administrator.

I suspect the administrator might have been concerned that the children were running away from home and this could pose a danger to the children's welfare. As such, physically retrieving the child might be a viable option.

The administrator begins to search their book bags and pockets, one of the juveniles refuses to let the administrator search his bag. When asked to search his bag again the juvenile is about to take off running, the administrator grabs the juvenile in a choke hold almost.

What is "almost" a "choke hold?"

Whether the amount of force employed was lawful or not will depend on a number of things we do not know. If the juvenile or his parent feels the force was excessive he can complain to the school, the district and the police.

The administrator checks the bag and discovers metallic knuckles wrapped in note book paper. The student is in the process of being sent to an alternative school or expelled.

I can see why!

Was the child in the middle of this disciplinary transfer BEFORE the brass knuckles were found? Or, after he was caught with them?

Were the police contacted?

Was this legal after they were dimissed and brought back to campus?

Maybe.

If mom or dad feel that something unlawful took place, they can call the cops or hire an attorney to look into a lawsuit or demand an apology. However, pushing the issue might get the police involved and that might not be a good thing for the kid with the brass knuckles!

 

[sMoOtHcRiMiNaL]

If he decided to fight the school-
Who would mediate?