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In loco parentis laws in high schools

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StaffWriter

Junior Member
What is the name of your state? California

A few weeks ago my cousin, a juvenile of 15 years, took a break from class to go to the bathroom. In the bathroom she came upon two girls smoking marijuana. Minding her own business she did her "business" and went back to class. Not long afterward a yard duty came into her class. Details are sketchy here, as we do not know how this yard duty, named Diane, had even been alerted that kids had been smoking in the bathroom, though possible explanations are that she 1) smelt it and had seen my cousin walking from the bathroom to her class, or 2) had recieved this information from another teacher who witnessed people walking to and from the bathroom. My cousin's teacher told Diane that she had gone to the bathroom. The yard duty then questioned her and my cousin gave a vague description of the girls she had seen in the bathroom, not wanting to get anyone in trouble, and a fellow student blurted out the names of the two girls. The yard duty then left to question the two girls. Meanwhile my cousin left class again and roamed the campus a bit. She eventually met up with the yard duty again, who told her to come to the office. Upon her arrival at the office she found her backpack emptied out and her things spread across the table. The vice principal claimed to be acting in loco parentis. I have two questions. First, do you think the evidence against her was probable cause to search her under the rights granted to teachers and school administrators? And second, is it legal to go through a person's personal effects, under these circumstances, without them being present, or even consulting them? Thank you in advance.
 
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CdwJava

Senior Member
StaffWriter said:
First, do you think the evidence against her was probable cause to search her under the rights granted to teachers and school administrators?
Under CA law all that is required is "reasonable suspicion". Based on what you wrote, it seems that there was a reasonable suspicion that she was in possession of a controlled substance.


And second, is it legal to go through a person's personal effects, under these circumstances, without them being present, or even consulting them? Thank you in advance.
See above.

- Carl
 

stephenk

Senior Member
" Meanwhile my cousin left class again and roamed the campus a bit."

So she just upped and left the room without her backpack?
 

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