Legal Question in Criminal Law in California

Interrogation/search by public school officials

Because of anonymous information concerning possible risque videotape, may a CA school official hold minor student with person standing in front of and blocking doorway, student asks to call parents to no avail, student believes he cannot leave room, then school official takes student to his house in private automobile with no parents permission and demands student to retrieve personal videotape from house - no parents or other adults at home, no ''reading of rights'' to student. School official then commands to student '' get in the car'' and goes back to school. STill no parent or other supportive adult involvement.

Has school committed ''false imprisonment''????

Has school committed ''uninformed siezure (illegal)????


Asked on 6/10/04, 7:58 pm

1 Answer from Attorneys
George Woodworth Law Office of George Woodworth & Associates

Re: Interrogation/search by public school officials

Hello---Thank you for your questions. Yes, quite possibly this is not only a violation of the School Dist. policy, but also State Law (false imprisonment etc.). Re the other question re illegal search---No, not in the sense as when a police officer commits an illegal search, but it may qualify, as a trespass on private property at the least. But, I would think that the administrator would allege that he had the student's consent to take him in the car, and the consent to retrieve the tape. Email, or call us at (562) 929-7422 to discuss. George

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Answered on 6/10/04, 9:13 pm


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