Legal Question in Family Law in New York
childrens rights for being searched in school for drugs
can your child be search at school at random or do they need just cause,they are searching for drugs.They are going into classrooms and picking kids to be searched.
2 Answers from Attorneys
school searches
it would be critical to know, from the most reliable sources{i.e., not from children, themselves} exactly what actions arebeing carried out. in -some- circumstances, the answer to your question is "yes"; in other circumstances, it is "no".I realize that's not much help, but the fact of the matter is the Actual Surrounding Circumstances control.
school searches
This continues to be a problem area of the law. If they really have no probable cause to search the person of the child, then the constitution comes into play. If, however, the school gives the child a locker, searching the locker is a piece of cake because the legal fiction is it is the school's and the principal can give permission. The law is still unsettled in this area, but unfortunately it has been tilting towards the police. The New York State Constitution and laws are more strictly construed than the IVth Amendment.....remember it is only UNREASONABLE searches and seizures that the Federal constitution forbids....what is reasonable is in the mind of the beholder.
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