Ignore your rights and they’ll go away

School administrators violated students’ rights on the Senior Cruise by authorizing the search of students and their belongings.

After a student reported her cell phone missing at Senior Cruise, activities director Helen Paris and a cruise employee searched more than 290 students in an attempt to recover it.

District policy states “School officials may search individual students [and] their property…when there is reasonable cause to believe that a student has in his/her possession…unsafe, illegal, stolen, or unhealthy items…”

The Fourth Amendment of the Constitution protects our privacy by prohibiting searches and seizures without probable cause. While these rights are extended to public school students, school officials need only have “reasonable suspicion” as opposed to the necessary warrant in criminal justice.

In New Jersey v. T.L.O., the Supreme Court held that a school official must have individualized suspicion, or a specific reason to suspect a particular student. In other words, you cannot be searched simply because “someone” has broken a law or a school rule.

It is not reasonable to suspect each of the individuals in this large group for the theft of one cell phone.

Since there was no concrete evidence pointing to specific suspects, there was no individualized suspicion and therefore not enough reasonable suspicion to pat and frisk every student on board.

Administrators stand by their decision to conduct the search.“By definition of the Education Code, everyone on the boat can be searched,” Assistant Principal Sean Moffatt said.

We disagree and urge administrators to ask for clarification from the district and school board.
Students should also not give up their rights so easily. Seniors learn the Constitution in government class, yet the only protests were strings of “not fairs!” When Paris threatened to cancel Senior Week activities, the sighs and groans stopped. No one refused the search.

“Ignore your rights and they’ll go away,” reads a political bumper sticker. While it’s the administration’s responsibility to respect student rights, it is the students’ responsibility to know and assert their rights when necessary.

1. Joshua Das Says:
   April 8th, 2009 at 12:17 am

   Good editorial.

   [Reply]