Legal Question in Real Estate Law in California
My son had a hat taken away from him by school personnel because of the color. I told the school he would not wear it again, and asked to have it back. The assistant principal refused to return it to me. Can they just keep other people's property?
Asked on 9/30/09, 5:48 pm
1 Answer from Attorneys
Benjamin Berger
Berger-Harrison, A Professional Corporation
Of course not. Withholding property because it is evidence of a crime is lawful, subject to restrictions. Just keeping it outside of that (or some other exception I'm not remembering) is unlawful. If this is a public school, it may constitute a "taking" in constitutional law terms.
Call the principal - or someone at the district office - and politely request that the hat be returned. That should do the trick.
Answered on 9/30/09, 5:56 pm
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