No 4th Amendment rights?Submitted by finster on Tue, 06/03/2008 - 11:43
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?