North Carolina
My son was searched by a resource officer, and his bag was searched by an assistant principal.
My son was in the bathroom at school when a teacher saw him and found out he was skipping a class. We are assuming (hopefully not making a mistake) that that particular teacher went and told the Assistan Principal (AP) that he was skipping and the next thing he knows the resource officer told him she (the AP) wanted to see him. He found her and she immediately said to him, "where is your back pack?" He responded "Why?". This was asked and answered the same way about 5-6 times. She took him to her office and she asked again where is the book bag and he again asked why, and she said she needed to search it, and he again asked why. With no response on his last question of why, he told her that she cannot search his stuff. She and the resource officer told him yes they could. Then he argued back and said "no you can't". Then she asked again where the back pack was and he said "upstairs" and "you cannot search my book bag". Then she said let's go upstairs and they began to walk out of the office and he told her she needed to call his mother. And she said "I will call her after school". He said "Well you cannot search my private property". She responded " yes I can". After this kind of bantering for about 2 minutes, she followed him up the stairs and he still requested that she call me (his mother) because he is under age (16). She said laughed under her breath facetiously. Then they walked into the classroom, he took his book bag out of the cabinet and said "here!" and dropped it on the floor. She picked it up and told him to fix his attitude. He stepped to the side, and she unzipped the book bag and started searching and then the resource officer told him "someone's cell phone was stolen". And then he told my son to empty his pockets and put his hands on the desk. And then he searched my son.
Now I know my son was wrong for skipping but, they also have camera's in the school and could have looked at my son's every move. There were other students in the vicinity. His book bag was upstairs, not ever close to where the item went missing. He told them both no to the search several times. He requested that they call me first. He let reminded them that he was under age. No one was in immediate danger. And he DID NOT have the stolen item. He did not steal anything!!!!
I guess I have three questions. First: Isn't this a violation of his 4th amendment right? Second: Do I have a case? Third: What kind of consequence would be imposed on the school if the above is true?
My son was searched by a resource officer, and his bag was searched by an assistant principal.
My son was in the bathroom at school when a teacher saw him and found out he was skipping a class. We are assuming (hopefully not making a mistake) that that particular teacher went and told the Assistan Principal (AP) that he was skipping and the next thing he knows the resource officer told him she (the AP) wanted to see him. He found her and she immediately said to him, "where is your back pack?" He responded "Why?". This was asked and answered the same way about 5-6 times. She took him to her office and she asked again where is the book bag and he again asked why, and she said she needed to search it, and he again asked why. With no response on his last question of why, he told her that she cannot search his stuff. She and the resource officer told him yes they could. Then he argued back and said "no you can't". Then she asked again where the back pack was and he said "upstairs" and "you cannot search my book bag". Then she said let's go upstairs and they began to walk out of the office and he told her she needed to call his mother. And she said "I will call her after school". He said "Well you cannot search my private property". She responded " yes I can". After this kind of bantering for about 2 minutes, she followed him up the stairs and he still requested that she call me (his mother) because he is under age (16). She said laughed under her breath facetiously. Then they walked into the classroom, he took his book bag out of the cabinet and said "here!" and dropped it on the floor. She picked it up and told him to fix his attitude. He stepped to the side, and she unzipped the book bag and started searching and then the resource officer told him "someone's cell phone was stolen". And then he told my son to empty his pockets and put his hands on the desk. And then he searched my son.
Now I know my son was wrong for skipping but, they also have camera's in the school and could have looked at my son's every move. There were other students in the vicinity. His book bag was upstairs, not ever close to where the item went missing. He told them both no to the search several times. He requested that they call me first. He let reminded them that he was under age. No one was in immediate danger. And he DID NOT have the stolen item. He did not steal anything!!!!
I guess I have three questions. First: Isn't this a violation of his 4th amendment right? Second: Do I have a case? Third: What kind of consequence would be imposed on the school if the above is true?
