Search of Student Property & Person
A search of a student’s person or property may start as a reasonable search but can quickly escalate into an unreasonable one. The case study “Walkabout” at the beginning of Chapter 6 presents the issue of searching students. Additionally, the issue of drugs (even over-the-counter drugs) on school property is a current problem that should be addressed.
For this discussion, if your last name begins with A through M, you will present an argument in full support of the search of Tasha’s property and person. If your last name begins with N through Z, you will present an argument that the search of Tasha’s property and person was unreasonable. (John Doe would argue in support of searching Tasha’s person and property.) Both arguments should keep in mind: Tasha is most likely violating school rules by skipping math class and hiding behind some shrubberies. But, does this justify the search of her purse? Does a tip from an “unreliable” source that Tasha is selling pills during lunch justify a search of her purse? Of her brassiere?
Case Study Walkabout
Johnson City Middle School (JCMS) assistant principal LaDonna Fields was participating in her favorite administrative duty: walkabout. JCMS had been built in the early 1960s on the edge of the city. By the 1990s, JCMS was surrounded on all sides by homes, in some cases separated from backyards only by dilapidated fencing and hedgerows. Concerns over school safety had resulted in a board policy officially called territoriality. Territoriality basically required that an administrator walk around the boundaries of JCMS facilities at least 1 day per week to establish a presence in the neighborhood. The activity quickly became known as walkabout.
It was a particularly nice day that LaDonna had chosen for her weekly duty. She was taking her time walking about, looking in parked cars, behind shrubberies, and other potential hiding places for “misplaced” JCMS students. Out of the corner of her eye she glimpsed what looked like a person behind one of the shrubs on a neighboring property. She decided to investigate and to her surprise found eighth-grader Tasha Moore hiding behind the shrub. Dressed in the “school uniform” of skinny denim jeans, a tank top, and an oversized men’s oxford shirt, Tasha did not seem to see LaDonna until she spoke. A smile crossed LaDonna’s face as she said, “Hi, Tasha. I heard you were missing from math class again.”
Tasha was an intelligent and popular student who had been elected class secretary and middle school homecoming queen. Tasha lived with her mother, who worked in a nearby city, and Tasha had many hours of unsupervised time on her hands. Another student had told LaDonna that Tasha often brought “pills” to school and sold them to students during lunch and between classes. LaDonna knew the informant was notoriously unreliable, but she had decided to take a special interest in Tasha and make an example out of her. This was her chance. Or so she thought.
“Well, Tasha, I guess I need to ask you why you are hiding here.”
Tasha replied with as much conviction as she could, “Waiting for my mom. I have a dental appointment.”
LaDonna replied, “Yeah, right, and I’m the tooth fairy. Now why are you not in math class, and why are you hiding here?” When Tasha did not answer, LaDonna said, “Let me see your purse, please.” Tasha hesitated, but did hand the purse to LaDonna, who opened it and immediately found a book of hall passes apparently taken from the administrative offices or a teacher’s desk. Hall passes were used by teachers and administrators to admit students who were late to class or late to school, or to give permission to use the restroom from class. After finding the hall passes, LaDonna continued to search the purse. Further digging revealed a couple of condoms in a zippered inner pocket, some rolling papers normally used to smoke marijuana, three $20 bills, and, most interesting to LaDonna, a single pill. “Come with me, please, Tasha.”
Once in her office, LaDonna asked Tasha, “What kind of pill is this? Where did you get the money? Do you have any more pills?”
Tasha replied, “My mother gave me the money to buy food. The pill is a prescription ibuprofen for cramps. I don’t have any more, and I don’t know how it got in my purse.”
Her suspicions growing, LaDonna asked Tasha to remove her outer shirt and turn her pockets inside out. Finding nothing of interest in Tasha’s pockets, LaDonna asked Tasha to bend over so she could visually examine the contents of Tasha’s brassiere. The examination did not reveal any pills. Tasha was obviously embarrassed and asked to call her mother.