Illegal Search? On my 13Y.O. Son at school.

[Concerned Mom]

Last Friday 1-3-06, my son was taken from his second period class by a security guard. In COCONUT CREEK, FLORIDA. He was escorted into a small room with another police officer waiting for them. They then patted him down and emptied his back pack.
MY SON WAS TERRIFIED!!! HE HAD NO CLUE AS TO WHAT WAS GOING ON!
When they finished they asked him if he knew why he had been taken from class and searched. When he stated he didn't they informed him that some of the kids said he had a tazer and was using on kids in the hall.
I WAS NOT CONTACTED IN ANY WAY BY THE SCHOOL. THEY STILL HAVE NOT CONTACTED ME. THEY SENT HIM BACK TO CLASS ONCE THEY SAW HE WAS INNOCENT.
NOW> Was that an illegal search? Should I contact a lawyer? What are his rights? I looked up and reread the handbook. It says NOTHING about him being a minor, or that I should be contacted or present when this happened. It says as follows:
Factors Generally Sufficient by Themselves

A crime or school rule violation is observed in progress.
A weapon or portion of weapon is observed on a student.
A student has told others that he or she has a weapon on campus.
A student has been seen in possession of illegal items.
A student has been seen in possession of stolen items.
A student is found with incriminating items.
The smell of burning tobacco or marijuana is detected.
A student appears to be under the influence of alcohol or drugs.
A student admits to committing a crime or school rule violation.
A student fits a detailed or unusual description of suspect of recently reported crime or school rule violation.
A student provides specific incriminating evidence against another student.
An emergency situation exists where school official can provide immediate assistance to avoid serious injury if a student search is conducted.
A student provides oral or written voluntary consent to conduct a search.
Consent cannot be the result of fraud, duress, fear or intimidation.
Factors Generally Not Sufficient by Themselves

A student flees from the vicinity of recent crime or school rule violation.
A student flees upon the approach of a school official.(6)
Imprecise information about a crime or school rule violation has been provided to school officials.
A student threatens others with words or behavior without an indication that the student possesses a weapon (a reasonable indication that a student possesses a weapon always provides reasonable suspicion justifying a search).
A student has a history of previous similar criminal or school rule violations.
A report has been made of a stolen item, including a description and value of the item and place from which it was stolen.
A student was seen leaving an area where crimes or school rule violations are often committed.
A student became unduly nervous or excited when approached by a school official.
A student made a suspicious movement. (Note: To provide the basis for a search, a witness must be able to describe the exact conduct and why it was suspicious.)

THE WAY I SEE IT: He was in class doing what he was supposed to be doing. He wasn't informed of what was going on BEFORE they searched him AND DID NOT have enough "evidence" to search him. PLUS they didn't contact or ask me to come in.

WHAT SHOULD WE DO NOW? THIS IS UNACCEPTABLE BEHAVIOR!! And although I believe the schools should have more money and shouldn't be sued for little things I do believe SOMETHING should be done to stop this type of thing from happening. He is a MINOR THEY SHOULD HAVE CALLED ME!! I SHOULD HAVE BEEN THERE!!! THEY VIOLATED MY SON AND I AM HOPPING MAD AND WANT ANSWERS AND SOMEONES HEAD ON A PLATTER!

 

[notsmartmark]

If they had a reasonable expectation that you child broke a school rule or law, it was probably legal. The other area that comes into play in these situations is the intrusiveness of the search. If they were concerned that your child might have taken something going through his pockets is probably reasonable.

Also, the courts have held that it can be done w/out parents present.

 

[sisymay]

Please go to www.schwablearning.org and sign up for free on their parent message board. There are lots of caring people there who can tell you what to do. Good luck!!

 

[Zigner]

I honestly don't see a problem with what the school did. According to your own post, what they did was allowed in the handbook.

"A student fits a detailed or unusual description of suspect of recently reported crime or school rule violation."

It was reported that your child had a weapon. The school investigated and found out that he didn't. No harm, no foul.

 

[Concerned Mom]

Illegal Search

I am not saying they didn't have probable cause to search, just they way they did it. Kids fingers point all the time. Whether they really know the facts or not. My problem doesn't lie with the fact they were worried he had a tazer. I think any time a child might be in danger or might cause a dangerous situation, it should be looked into and taken care of, which is what they did. But the WAY they did it is what bothers me. My son was terrified. They NEVER contacted me, before or after. That is why I am mad. NOT that they checked him. My son is a good boy. He is a teenage boy and is a typical teenager, but he had no clue. They didn't state what they were after, or why he was picked, they just took him out of class and searched him. No contact was made with me at all, no reason was given to him. I thought we were innocent unitl proven guilty. I thought we had rights over our own bodies. I thought they had to tell you what was going on before they did that. Even criminals have a chance to tell their side first. PLUS they ask if they can searach their car or person and that person is told why. WHY DON'T OUR CHILDREN HAVE THESE RIGHTS IN SCHOOL?

 

[Concerned Mom]

I honestly don't see a problem with what the school did. According to your own post, what they did was allowed in the handbook.

"A student fits a detailed or unusual description of suspect of recently reported crime or school rule violation."

It was reported that your child had a weapon. The school investigated and found out that he didn't. No harm, no foul.

NO FOUL MY BUTT IF YOU WERE TREATED THIS WAY OR YOUR CHILD YOU WOULD NOT BE SO FLIPPANT ABOUT THIS!
There is also a line in the rules I posted about an unofficial tip that was unfounded. I will look it up and post it if I need to but I am guessing you can find it for yourself.

 

[mb94]

Innocent until proven guilty? That's in courts of law. Has nothing to do with the school. The school does not need to call you before doing a basic search of a student. In fact because the school is considered to be in loco parentis (i.e. the acting parent for those hours when the kids are in school) they are given larger lattitude to search students as well as limit speech and press rights of students. You can argue that it isn't fair or nice but it is legal.

 

[Zigner]

NO FOUL MY BUTT IF YOU WERE TREATED THIS WAY OR YOUR CHILD YOU WOULD NOT BE SO FLIPPANT ABOUT THIS!

If my child went through this, I would be happy that the school was taking the time to ensure the safety of the children in their care.

 

[dallas702]

Sorry mom, but the search was both reasonable (especially and considering what they were looking for) and legal. You do not have to be present for him to be searched.

Your son's claim that he didn't know what was going on is feeble at best. Even if he was falsely accused of having the taser, every student knows what is "going on" when they are taken to the office to meet with police. I'll bet their version says that they told him exactly what they were looking for before they ever touched him or the backpack. If they asked him if he had the taser and he said "no", they still had the right to search him.

Schools and parents take potential weapons violations very seriously, and they would be negligent if they didn't act quickly. If your son was a victim of a weapon attack you'd want the perpetrator found and searched asap.