Legal Question in Civil Rights Law in Massachusetts

My son, a sophmore at his high school, went to his locker after gym class and put his gym clothes inside. He then went to his biology class. After he had entered his class, his bio teacher called down to the vice principle and a school officer. The VP and officer came up to the class, got my son and brought him down to the office. They brought him into a vacant office and told him the the teacher thought she smelled marijuana smoke odor coming from him. The VP (not the officer) searched his school bag, pockets, cuffs of his pants, shoes and socks. Of course they found nothing. They took his cell phone away from him and held it at the office (policy says cell phone should stay in locker). He was then released to go back to class.
My issue with this is since when is an odor probable cause to search a student. I could understand if someone saw him with/doing an illegal substance and reported him. The school has a nurse that he could have been sent to for evaluation instead of being searched. Something just doesnt seem right about this.

Asked on 9/23/09, 11:02 am

henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

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Schools meet a lower standard since they technically are not state actors.

Answered on 10/03/09, 9:08 pm

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