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View Full Version : Strip Search Of 10-Year-Old Prompts Complaint Against Elementary School



Rockntractor
12-15-2012, 10:01 PM
Clinton, N.C. (CBS CHARLOTTE) – The parents of a 10-year old Union elementary school student have filed a complaint against the school for strip-searching their son to find an allegedly stolen $20 bill.

In a complaint filed against assistant principal Teresa Holmes on Dec. 6, the family of Clinton, N.C., fifth-grader Justin Cox allege their son was ordered to remove his socks, shoes, pants and shirt so the principal could conduct a manual search for a $20 bill that was inevitably found in the cafeteria.

Holmes defended her actions saying that several other students and a few other faculty members told her the money was missing and they had seen the fifth-grader dive below the table for it. The court filing states that Holmes told the boy “he left her no choice and that she had to search him,” when the boy pulled out his pockets and didn’t produce the allegedly stolen money.
Read More>http://charlotte.cbslocal.com/2012/12/14/strip-search-of-10-year-old-prompts-complaint-against-elementary-school/

Elspeth
12-15-2012, 11:08 PM
Whatever happened to calling the parents?

The schools are out of control.

NJCardFan
12-16-2012, 12:05 AM
Whatever happened to calling the parents?

The schools are out of control.

The schools are the parents...or at least it's what the left wants.

Lanie
12-16-2012, 12:25 AM
Holmes is sooooo going to be fired.

Usually, if an adult did that to a child, they'd be charged.

Odysseus
12-16-2012, 12:19 PM
Did they find the $20?

Elspeth
12-16-2012, 03:00 PM
Did they find the $20?

No. It was in the cafeteria. The kid didn't have it on him.

Novaheart
12-16-2012, 03:40 PM
It will be interesting to see if it goes anywhere. The mother's claim that it violated her son's Fourth Amendment rights is unsupported. Schools have pretty broad discretion in searching students and their belongings while en loco parentis.

Seriously, folks, we can't have it both ways. We can't accuse the schools of being without discipline and then side against them when they try to deal with missing property, physical assaults, and other bad behaviors. Everyone seems to want "those other children" to be throttled but not their own little angel.

I write this as a former student who was on the receiving end of corporal punishment and who put up with a lot of bad behavior in school.

Rockntractor
12-16-2012, 03:56 PM
I write this as a former student who was on the receiving end of corporal punishment and who put up with a lot of bad behavior in school.

Your lucky I wasn't there, I would have polished your locker door with your head.

Odysseus
12-16-2012, 06:46 PM
No. It was in the cafeteria. The kid didn't have it on him.

Did they have any reason to believe that he had it on him?

Here's the problem that I have with this: If the kid had taken it, then the school should have immediately called his parents and brought them in. The parent can then go through the kid's clothes and determine if the $20 is there or not, in the presence of the school personnel. If it is, the parent knows that the kid is a thief and gets to deal with him. If it isn't, then the school has to explain to the parent why they thought the kid took the money and convince that parent that they acted in good faith, or they apologize. Failing that, they should have called in the police and had them do the search. But, either way, the school shouldn't be strip-searching a kid that young. The school doesn't have police powers, so they should have taken the case to the cops or called in the parents. There was a case a few years ago where the police caught a group of drug dealers who had a kid with them, and they thought that the kid was the mule for the drugs, so they brought in a female officer (it was a girl) and she did the search in private. That was in the context of an arrest, and there was probable cause that justified the search.


It will be interesting to see if it goes anywhere. The mother's claim that it violated her son's Fourth Amendment rights is unsupported. Schools have pretty broad discretion in searching students and their belongings while en loco parentis.

Seriously, folks, we can't have it both ways. We can't accuse the schools of being without discipline and then side against them when they try to deal with missing property, physical assaults, and other bad behaviors. Everyone seems to want "those other children" to be throttled but not their own little angel.

I write this as a former student who was on the receiving end of corporal punishment and who put up with a lot of bad behavior in school.

See what I wrote above. The school has an obligation to prevent crime within its area of responsibility, but I have a problem with them stripping a child, unless there is a clear and present danger (such as a weapon). They could have very easily isolated the child and called in his parents or the police. The issue for me is that I wouldn't want my daughters treated that way, but if one of them had stolen money, I would expect them to let me know about it and for the school to consult me when it takes action.