Question Posted Thursday February 15 2007, 5:15 pm
Hi, I'm a 14 year old girl in Junior High. Today, I was called down to the office and accused of doing drugs. (Which I DON'T.) The guidance counselor and vice principal then practically strip searched me, made me empty my bag, take off my shoes, and then they called down a nurse to give me an eye test, take my blood pressure and listen to my heart to determine if I was high. Their reason behind all of this? Apparently earlier, a girl whos name they "could not tell me" told the office that "I was seen in the bathroom with a tube of white powder." I had been in the bathroom, but I had absolutely NO tube shaped items or any item, not even any makeup with me, that looked like powder.
My mom and I are thinking of suing the school district. Do you think that this is a violation of my rights? I do not think they should of searched me just because some random girl TOLD them that. Obviously she was lying. Do you think this is enough to bring forth a lawsuit against the school?
musicxfreak1331 answered Tuesday February 20 2007, 9:04 pm: They should have had proof and if they didnt find anything in your stuff they should have left it at that. I also think that they should have called the girl up to the office and had her in the room with you and THEN have her say what she said before. You should sue becuase they had no right.!
I hope that i am any help at all :] [ musicxfreak1331's advice column | Ask musicxfreak1331 A Question ]
Imperialistic answered Saturday February 17 2007, 5:54 am: Sorry honey, I don't think there's much you can do in terms of the law.
There was an article in Seventeen or Cosmogirl on it a few years ago where a bunch of girls were taken into the change rooms and were ordered to strip down to the nude and the school wasn't breaking any rules.
But I would hell as well try. There's no point in not doing it, try filing for emotional harassment or something. If nothing else, the school will at least learn a lesson and maybe the media will come around to pick it up. [ Imperialistic's advice column | Ask Imperialistic A Question ]
orphans answered Thursday February 15 2007, 9:21 pm: Yeah definatelly. And being accused is something that can really traumatize you. Especially when you are innocent. Please, dont let this go like this.
I once was accused for showing my private parts to a small child and "killing" my cigarrete on it. Well of course I didn t do anything, I dont even smoke. They banned me from the hotel and I was crying for days. I even got a call from the childs parents. If I was given a second chance I d sue the hotel and the kids parents.
This has been one of the worst periods in my life.
They are giving you a bad name, throwing mud at your reputation and this may result in turning you into the joke of the class. You should sue them and have the girl suspended. May she learn the results of her vicious actions. [ orphans's advice column | Ask orphans A Question ]
Wheeler answered Thursday February 15 2007, 6:37 pm: the school doesnt have a legal right to search you without your permission.
i'd sue them.
case closed. [ Wheeler's advice column | Ask Wheeler A Question ]
MikeCFT answered Thursday February 15 2007, 6:13 pm: I don't think you have enough. The administration of a school are like the police of the school and yes if they have probable cause to do so- they can search you.
How could they know she was obviously lying? You only knew and just assumed that everyone would too. You are subject to the laws that govern the institution where you go to school and I'll bet that somewhere in the school's policy the issue of search and seizure is covered.
Now I of course can be wrong and there could be a statute in your state or local penal code that makes it beneficial to you. Instead of asking this site- I recommend you and your mother ask a Liar for Hire (lawyer lol) and get some professional consultation. [ MikeCFT's advice column | Ask MikeCFT A Question ]
theymos answered Thursday February 15 2007, 6:10 pm: Probably not. While you are at school, the school can act as your parent. That means they can search your stuff. If you would have refused to give them your stuff, and then they took it from you by force, then you might be able to sue. [ theymos's advice column | Ask theymos A Question ]
mountaindew1007 answered Thursday February 15 2007, 5:54 pm: I think you do have a lawsuit.Because it a kids word against another kid.They are not aloud to search you unless an adult thinks you may be high.But if they just wanted to make sure you were not high they should of only asked you an if you looked high to them then they would have a reason to search you. [ mountaindew1007's advice column | Ask mountaindew1007 A Question ]
Brandi_S answered Thursday February 15 2007, 5:53 pm: I'm not positive, but I would venture to say that since you are, by law, a 14 year old CHILD that they have to have parental consent before they can search you like that. Was there even a police officer present to ensure that your rights were protected? Did they even call your mother in so she could be present during all of this?
Did you know, that the POLICE don't even have the authority to interrogate or search a child without the parents consenting and being present if they choose? And if such things are illegal for the police to do, I would highly doubt it is legal for your school to do.
I don't know if you could make it a lawsuit, because, like I said, I'm not positive on this. HOWEVER, I would be contacting an attorney about this immediately.
In my opinion, your rights were violated BIG TIME. I can see them asking to search your bag and your locker, but your physical body? No. I don't think so. Not without Mom's say so. [ Brandi_S's advice column | Ask Brandi_S A Question ]
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