Legal Question in Civil Rights Law in California

Legal for Dean at High School to search daughter's purse?

I have a situation. My daughter is being kicked out of school. She gets to finish this school year and then they said she will have to go to another school for her senior year.

This the story. On a Thursday, she was caught text messaging her friend or checking messages or something. Eitherway, she was caught with her phone. She was defiant in giving it up to her teacher. She refused (bad idea - she is a strong willed child). Anyway, the teacher reported her to the Dean of Disapline. The following morning, the dean called her into his office. He asked for her phone. She said she didn't have it today (which she didn't). He said to give him her purse so he could check it. She handed it over. Unfortunately, marajuana was found in it along with a small glass pipe in a zippered small side pocket. The thing is, is the purse was my 21 year olds and my daughter took it from the closet in the morning because it matched her outfit. She had no idea it was there. He then, called the narc on campus and he wrote up a ticket for possession and she has to go to court in July.

Can we fight the ''kicked out of school'' and/or the charge? I spoke with a police officer yesterday and he said the dean didn't have a right to search.


Asked on 6/02/05, 8:15 am

1 Answer from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: Legal for Dean at High School to search daughter's purse?

It looks like a switch from one daughter to the other. In any event, my understanding is that students have a lesser privacy interest from school officials specifically. I agree it is a problem, but I think the cases would be in harmony if looked into.

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Answered on 6/06/05, 11:38 pm


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