Student Search in Middle School: Is frisking by admin legal?

[missdomb]

My 8th grade son was frisked or "patted" down as the school called it during a search for a missing student phone. This search was held in the gym locker room by a male administrator without another adult present. My son was one of about 40 boys searched. Is this legal?

Here's the statement in the school's code of conduct: School officials may examine a student if there is adequate suspicion that the student is in possession of an item that is illegal or against school rules. Student backpacks, school lockers, desks and other school property are submitted to inspection and search by school authorities at any time without notification to students or parents. The students are required to cooperate if asked to open their backpacks or lockers.

Very interested to hear others' thoughts!
Thanks!
Missy

 

[quincy]

My 8th grade son was frisked or "patted" down as the school called it during a search for a missing student phone. This search was held in the gym locker room by a male administrator without another adult present. My son was one of about 40 boys searched. Is this legal?

Here's the statement in the school's code of conduct: School officials may examine a student if there is adequate suspicion that the student is in possession of an item that is illegal or against school rules. Student backpacks, school lockers, desks and other school property are submitted to inspection and search by school authorities at any time without notification to students or parents. The students are required to cooperate if asked to open their backpacks or lockers.

Very interested to hear others' thoughts!
Thanks!
Missy

What is the name of your state?

 

[missdomb]

Georgia

 

[quincy]

Georgia

Thanks.

Were all students in the same room during the pat downs?

School officials need to have a reasonable suspicion to conduct a search; law enforcement officers would need probable cause. This absent consent given by the students to being searched.

 

[missdomb]

Thanks.

Were all students in the same room during the pat downs?

School officials need to have a reasonable suspicion to conduct a search; law enforcement officers would need probable cause. This absent consent given by the students to being searched.

The boys were gathered in the boys' locker room of the gym and pulled into another room/office for the search by the AP. What do you mean about "this absent consent"?

 

[CdwJava]

The boys were gathered in the boys' locker room of the gym and pulled into another room/office for the search by the AP. What do you mean about "this absent consent"?

That the search can be conducted based upon reasonable suspicion, or by their consent.

 

[quincy]

The boys were gathered in the boys' locker room of the gym and pulled into another room/office for the search by the AP. What do you mean about "this absent consent"?

The boys can consent to a search.

I know there was a report on Twitter about a sheriff in Georgia conducting a pat down search of 900 students, and he was said to have “groped” several students. If you saw that (and if that actually happened - I have my doubts), it would be a very very rare exception to student searches. I doubt your son experienced with the search anything but a simple pat down to check for a concealed phone.

Was the missing phone found?

 

[FlyingRon]

Was the missing phone found?

Irrelevant. The ends do not justify the means. If the phone was found, it doesn't mean the searches were justified. If the phone was not found, it doesn't mean the searches weren't.

 

[cbg]

Missdomb: what is your ultimate goal here? What is it that you would like to see happen?

 

[quincy]

Irrelevant. The ends do not justify the means. If the phone was found, it doesn't mean the searches were justified. If the phone was not found, it doesn't mean the searches weren't.

Curiosity drove my question, FlyingRon. Sorry if it somehow offended you.

 

[FlyingRon]

Didn't offend me, but was wondering why you would think it was relevant.

 

[quincy]

Didn't offend me, but was wondering why you would think it was relevant.

Oh. Well ... it isn’t relevant. I just hope that putting kids through a pat down search was worth it.

 

[not2cleverRed]

Didn't offend me, but was wondering why you would think it was relevant.

I'd find it relevant if the reason Mom was here was that the phone was found... on her son... and she was more worried about the pat down.

 

[westside]

I'd find it relevant if the reason Mom was here was that the phone was found... on her son... and she was more worried about the pat down.

She could rightly be worried about both.

 

[xylene]

How can a middle school student meaningfully consent to a search by a school administrator?

There is zero level of awareness of a right to an alternative and their is the coercion of an authority figure in an enviromnent where the student has no right to leave.