0 votes

No 4th Amendment rights?

I live in New Paltz NY and am currently fighting my school district to get my daughter back in school. She was suspended for the remainder of the school year for smoking in the parking lot and after what I felt was an unreasonable search of her purse they found a box cutter which she uses at work. They charged her with "conduct which endangers the safety, morals, health and/or welfare of others" - she was smoking and in possession of a "weapon". At her hearing, I was told by the hearing officer that the students have no 4th Amendment rights in NY on the school grounds and that I could not question them on whether they had violated her rights with an illegal search. I also questioned weather students had access to exacto or utility knives in the school, and they do, only now they are a "tool" not a "weapon". My daughter has never been in a fight nor has she ever threatened anyone - I feel that her rights have been violated and that the punishment is unjustified! Am I wrong?

When did our children loose their 4th Amendment rights or did they ever have them?
Is this the result of Collumbine or 9/11?




Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Not 9/11 or Columbine

Look at the Supreme Court Case of "State of New Jersey vs. T.L.O." Basically, they suspected a kid of smoking and searched her purse, and found some pot if I remember correctly.

The school is absolutely right that the Supreme Court gives children in public school a reduced expectation for privacy, so they have the right to search her purse.

As far as tool vs. weapon...that's more discrescion of the school board than a legal matter.

As absurd as this may seem...it appears that the school district has the law on their side. You won't win the illegal search portion of it unless you're willing to take it to the Supreme Court, but you may try and argue that box cutter is no more a weapon than most of the tools in art class.

Good luck with your fight, and be sure to involve your daughter as much as possible as it may be a learning experience for her, and perhaps might be for the best for her to not attend such a Draconian school.

I don't think it's a result

I don't think it's a result of Columbine of 9/11. I remember being told by police officers in "health class" that students on school property have no 4th Amendment rights, and I was in school before both those events. Of course suspending kid's 4th Amendment is completely wrong, but it's just more of the same. I think you are correct, your daughter's punishment and illegal search are wrong. If you can't make any head-way with the case, you could always contact a civil rights lawyer in your area, a quick search on google should bring up something. The bad part is, you may not win, and the expense of a court case is always undesirable.

No time

and no money for a lawyer - the school year is over june 16. I just hate to see her year of cosmotology go down the tube because of this. Maybe I will picket the school with a sign that says "WEAPONS IN THE SCHOOL".

I am gross and perverted, I'm obsessed and deranged, I have existed for years but very little has changed, I'm the tool of the government and industry too. Have you guessed me yet??
I'm the slime oozing out from your TV set.

holly crap

I don't like the idea that the state and this corrupt gov. owns my kids but it's a little too late now, at least they weren't chipped. I hope

I am gross and perverted, I'm obsessed and deranged, I have existed for years but very little has changed, I'm the tool of the government and industry too. Have you guessed me yet??
I'm the slime oozing out from your TV set.

It's not too late. Read

It's not too late. Read this information I posted in another post:

Please read these in order so you can follow the subsequent links.

Here you can learn how, when and why the corporaton was formed and how the United States of America lost control of it: http://teamlaw.org/histor....

This Act and it's subsequent amendments further established the government for the district of Columbia in 1801 which Congress was given total authority over in the Constitution of the United States Article 1, Section 8. http://memory.loc.gov/cgi...

Here is a link to the orignal Titles of Nobility Amendment, otherwise known as the 13th Amendment: http://memory.loc.gov/cgi... and when Viriginia gave it the final ratifying vote they published the new Amendment in Acts Passed at a General Assembly of the Commonwealth of Virginia.

Here are some links to the first publication of the new Amendment, granted they are images from a third party source, as I have not been able to make it to an archive or law library to chekc this:

http://www.amendment-13.o...
http://www.amendment-13.o...
http://www.amendment-13.o...
http://www.amendment-13.o...

Then, in 1871 Congress passed the District of Columbia Organic Act http://memory.loc.gov/cgi.... The district already had it's organic (or organizational) Act back in 1801. If they were simply re-organizing, they would have simply amended the original act like they had done previously.

Between 1962 and 1969 all the states had re-organized as private sub-corporations of Corp. U.S. Here in New Jersey the Governor consolidates all the departments, due to the "changing times," to fall under his authority. http://lawlibrary.rutgers... This isn't in compliance with the procedures set forth in our original jurisdiction government state's Constitution. If they were changing the procedures of the original jurisdiction state, rather than forming a private corporation, they would have merely amended the state Constitution in the proper fashion set forth in said Constitution.

Finally, while Ron Paul would be the President the Corporation would have ever had, the people still need to wake up and participate in the orignal jurisdiction elections: http://teamlaw.org/Govern...

And, if you have questions visit their forum and ask them: http://teamlaw.org/Forum....

They did you a favor

The last place anybody's child should be is in the public fool system.

Now you have a good reason to finish her schooling where she's not under the government's thumb.
Perhaps she might even recover from the previous years of indoctrination.

Excellent reply. She is

Excellent reply. She is asking a valid question and you make a snide remark.

As for her question, I have no idea. While it seems to me that everyone has these rights and therefore a no-brainer that she would as well, I am sure that some lawer/council/judge has deemed that students on public school property do not have these rights. I don't know of the feasibility of placing her in another school district, and depending on if she has had charges brought up on her, but perhaps that is a route you can take.