Need some advice on handling an unreasonable search

[cjm]

I would press criminal charges against the principal personally. That should get his attention.

<snip>

Failing this, I would take him personally to small claims court.

A little over 20 years ago, a friend of mine tried "pressing charges" against a school official. The police flatly refused to accept his complaint and when he told the city attorney that he wanted to press charges the attorney said, "you can't press charges, only I can do that." He moved to small claims court where the case was dismissed due to lack of subject matter jurisdiction. Apparently there was a law back then that said "public officials" acting in the capacity of their jobs could not be sued in small claims court. I would wager that all 50 states have similar laws and that "public officials" are even more insulated from prosecution today than they were back then. He contacted a couple of lawyers to help him sue in the district court (or whatever it was called) and neither wanted to have anything to do with the case.

I have been lucky to not have many run-ins with government officials, but I have seen enough just supporting friends and family to know what I'm talking about. You will find no justice in the courts when challenging a tax-feeder. You're better off appealing directly to the offender (principal in this case), to the offender's supervisor (school district), to a politician, or as you note, the local media.

 

[bolil]

Bummer about your daughter, truly a tragic situation when this sort of thing can be expected. I think pericles and Osan are right one. Make a report about the stolen property and, if it is worth your time, take the measures Osan outlined. Good luck, I hope that your daughter was not overly upset at being treated like a criminal on a whim.

 

[Gary4Liberty]

They will charge her with theft and keep the childs phone.

 

[brandon]

Call the police and report it stolen. Do it in front of the principle. Go to the next school board meeting and let them have it.

 

[AFPVet]

File a criminal complaint. If that doesn't work, file a civil complaint.

 

[brandon]

Yea commoners can't "press charges." Only the District Attorney (or whatever your local prosecutor is called) can press charges, and they only do it on the recommendation of the police. In some courts the cops can press charges directly without a prosecutor even existing, and the cops represent themselves and the prosecutor in court at the same time. Pretty fair, huh?

 

[LibertasPraesidium]

I know this is something that most would not necessarily have the time to deal with, but preform a sit in. Go to school with your child and stay with them all day. I know they may not like it but if no one else will protect your child's rights then apparently you have to, video tape everything, (try only to get school personnel, don't want a civil case against you for filming someone else's child) Call the media and tell them what you are doing. If you're daughter doesn't have the right to the 4th amendment what LAW strips her of that, and when is it reinstated? How is public safety a compromise for privacy? Her phone is for contacting you, and by removing that they have removed you, so the only way to solve it is to stay with her.

I know this is weird but it should not violate any laws, (check with a lawyer and even call and inform the principle) IF they refuse, then call the media and sit on public property outside of school with your daughter) They will eventually send out a truancy officer to find out why your daughter isn't in school(this may only be an old law they used back when I was in school)

Tell the media, that because of what happened you do not trust that they are looking out for your daughters best interest by stealing her phone, that is technically your property (I am assuming you pay the bill and have your name on the account or are the "primary account holder") I hope some of this helps.

Call the ACLU and talk with them, sometimes they do really well upholding civil liberties, sometimes not so much. Remember most schools operate on a lose code of conduct book and label the Principle as the deciding authority on everything not contained in the book. Be civil and you might have a chance. If the school gives back the phone without payment you win. Otherwise fight it. Good Luck.

 

[nf7mate]

Follow up:

I went to the school today and had lunch with my daughter. After lunch, I went to the office and saw the principal there. I approached him and told him I would like to meet with him. He took me right back to the office. I took the "nice guy" approach and explained that our previous school had a rule that phones could never be seen or heard, but nothing about them being on or off. He pulled out the handbook and showed me where it says that phones must be off, but then said he would waive the fee and return the phone. I was totally taken off guard by that. I was fully prepared for him to dig in his heels and demand the $15, but it didn't happen. I took the phone and left.

In the car, I called my wife and told her that they gave me the phone. She asked what they said about their policy of violating the fourth amendment rights of all of their students. "Er...I didn't bring that up because he gave me the phone". My liberty-loving wife was disappointed. In retrospect, I was disappointed in myself. So I went back to the school and met with the principal a second time. I asked more questions and was told the following:

• The searches that happen are called "metal searches".
• During metal searches, students in a classroom leave their belongings behind and a school employee scans everything with a metal detector.
• In addition to using the metal detector, the school employee also opens backpacks and reviews the contents.
• Drug-sniffing dogs are sometimes used during metal searches, sometimes not.
• Every junior high and high school in the district is required by the school board to conduct a minimum of 12 metal searches per month.
• Students can refuse to be searched. If a student refuses, parents are contacted.
• If parent and student refuse to submit to the search of the student's belongings, disciplinary actions up to and including expulsion may occur.
• According to the school, the fourth amendment does not apply to a school setting. "It only pertains to police officers".
• During metal searches, the school official is checking for weapons and drugs.
• During metal searches, the school official also checks for violations of school policy, such as whether or not the student's phone is on.

The principal said that he doesn't like the searches, especially the dogs, because of the distraction it causes. But he said he has no choice in the matter because the school is required to comply with the requirements established by the board. (Well, we all have a choice.) He gave me the name and phone number of the discipline coordinator for the district in the superintendent's office, and said that would the point of contact for me to use if I want to pursue the matter further. I feel compelled to continue to press the matter, though it will likely prove to be an excercise of futility. In any event, both of my daughters now know to refuse to submit to such searches, and to request that they call me or mom.

Thanks to all for the advice, research and support. +reps to many.

 

[cjm]

Congratulations. It sounds like things turned out as well as they possibly could.

 

[sparebulb]

I'm glad that things turned out well to the extent that you didn't get tazed or arrested, but, other than retrieving your phone, nothing has changed. The State has shown you a glimpse of its power and has decided to put you back in line with the carrot, not the stick...........this time. The "friendly" administrator has put you at ease, but make no mistake, your attitude and actions have been noted.

Please consider an alternative to the public indoctrination system if you can. Good luck.

 

[LibertasPraesidium]

I have faith in the American Populace. Sometimes I think they are just too afraid to stand up for fear of doing it alone... I wish they knew about Ron Paul and how many people will stand with them.

If only they would get their news else where...

 

[Titus]

I would consult with a lawyer if you have any further issues. Many lawyers are libertarian leaning and love protecting constitutional liberties. They would likely discuss all the options you have with you, including a possible referral to the ACLU. Now, I know they are not the favorites around here, but they are generally stopping the government from violating the fourth amendment.

This sounds draconian, even for school searches. Those rules need to be changed.

 

[NCGOPer_for_Paul]

The reason the phone was returned without a "fee" was because the principal knew from your conversation that you would press the issue if the phone was not returned.

Simple fact - even though students have absolutely no privacy protections under the Fourth Amendment (we agree this is wrong, but this is the way things are today), personal property cannot be confiscated and then held for ransom. If a LAW were broken, the police would seize the property and it would be held for evidence. That would be expected. A cell phone in the "on" position is not a violation of any LAW. It may be a violation of a school rule, and the school could seize it for that reason, BUT THE SCHOOL CANNOT CHARGE A "FEE" FOR RECOVERY. It's akin to a school charging a student $5 for talking in class. There's no LAW that has been broken, just a school rule. There is a punishment that should be meted out, but it cannot be a "fine".

If this "recovery fee" was legal, nothing would stop the school from claiming every cell phone found in a "search" was "on". Then, it comes down to proving it. All the district would need would be one parent to fight it in court. They bank on most people just paying it.

As I said before, the "recovery fee" is actually more illegal than the searches themselves.

 

[brandon]

I feel compelled to continue to press the matter, though it will likely prove to be an excercise of futility.

It might not be. I'm sure you could find a bunch of other parents that agree with you, and would support you in the next election when you run for school board I guess it all depends how much time you can put into this.

 

[Czolgosz]

Sounds like a 14th amendment due process violation, as well.

 

[Working Poor]

I am so glad I did not subject my child to public schools. When I hear about all these lock downs and searches I just get really angry.

 

[LibertyRevolution]

I hear that unschooling is becoming popular.

http://en.wikipedia.org/wiki/Unschooling

 

[AceNZ]

I did unschooling with my kids for high school. It has some drawbacks, but overall it worked out fine -- way better than government schools, at least.

12 searches per month? If you were to look in the dictionary for a definition of Police State, I think that would come pretty damn close.