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***. Principle searched student w/o parent permission?
Hey, I have a friend who was searched because she was "happy". However, this person is depressed, and was finally starting to feel better when this happened. The principle searched her without a call to her parents, and found NO evidence. Then, she later went to watch this person in her classroom without reasonable suspicion. Can she press charges?
3 Answers
- Gary BLv 75 years ago
On school grounds, the principal does not NEED permission to search a pupil. However, a male principal may not "pat search" a female student. THAT has to be done by a female teacher or police officer.
- Anonymous5 years ago
"School staff may search a student if there are “reasonable grounds” that the search will turn up evidence that the student broke a school rule. School staff must have more than a hunch your child did something wrong to search him or her. The search must be:
justified when it starts, and
reasonable in how it is done."
Apparently, the principal must have suspected something was up and that's reason enough. Your friend cannot press charges, that's up to the prosecutor, but if she feels violated, she's free to file a police report. The police, in turn, will turn it over to the prosecutor who makes the decision whether or not prosecution is warranted. Somehow, I don't think it will be, but you never know.
- MuttLv 75 years ago
"In loco parentis". The courts have over and over and over again ruled that this applies to schools. It means "in place of the parents" and allows the schools to act as a typical parent would while the student is there.
So unless it was a strip search (which a typical parent would not do), a search of bags and pockets is allowed, and no parental consent needed.