4th Amendment Right Violation?

[Zigner]

And, did they not coerce him into being searched by ignoring the fact that he asked for his parent, and told them no at least 7 times and forced him to take them to his book bag?

Nope......

 

[acmb05]

Nope......

I'll bet the parents have already consented to the search and if you want to know why, just read the student handbook that was sent home at the beginning of the school year that both the student and parents had to sign and return to the school. Somewhere in there will be a paragraph discussing this very topic and consenting to allow the principle or resource officer to search a students locker and personal belongings at anytime they are on school grounds.

 

[tranquility]

In Memphis Community School District v. Stachura, 477 U.S. 299 (1986) the Supreme Court held "damages based on the abstract 'value' or 'importance' of constitutional rights are not a permissible element of compensatory damages" in 1983 cases.

The problem arose when the district court allowed jury instructions that provided for an award of damages which were neither compensatory or punitive but on the the value or importance of the particular constitutional right violated.

 

[AlanShore]

Ok, since all this discussion over this one subject, I have to put in at least one more time.

In The case--DesRoches by DesRoches v. Caprio

The Ruling is AGAINST the SEARCH.


Ruling against the search

Mercifully, Judge Doumar expressed sympathy for the challenges school employees face in trying to protect school safety and discipline while honoring students' Fourth Amendment rights. He offered these guidelines about school searches for stolen property:

* When school employees want to find property (property of relatively minor value, at least, such as tennis shoes), it is possible to search more than one student so long as employees have enough suspicion to justify each search.

* Employees should ask students for voluntary consent to be searched. The Fourth Amendment does not regulate consensual searches--so long as they truly are consensual (unlike this case, in which Jim's refusal to consent was punished by suspension).

And, did they not coerce him into being searched by ignoring the fact that he asked for his parent, and told them no at least 7 times and forced him to take them to his book bag?

No. Like everyone here has said, you have no case.

 

[pittsmark6]

quote: T.L.O. was a fourteen-year-old; she was accused of smoking in the girls' bathroom of her high school. A principal at the school questioned her and searched her purse, yielding a bag of marijuana and other drug paraphernalia.

Smoking of a person under 21 is illegal so they had a right to search for cigarettes.

in this case there was no reason to search his bags. he was not caught smoking or wasn't even talking on a cell phone.