Arrest, Search, Seizure, Warrant Detaining a student who is not a minor

[octelcogopod]

My friend decided to attend a school event called "Grad Nite" on the evening following graduation. Participants must have a signed permission slip stating they they must stay for the full duration of the event (9pm to 5AM) and that they must turn in their wallets for "safekeeping". My friend was very tried and decided to leave. Unfortunately, they would not let him leave unless a parent picked him up. The problem is that my friend is 18, so his mom assumed that he would be free to leave whenever he wanted (she signed his permission slip). A chaperon and a security guard harassed him and forced him to sit outside for over an hour while he tried to reach his mom. My friend repeatedly mentioned that he is a legal adult and that they have no right to hold him there (they were refusing to return his wallet). Eventually he reached his mom and got a ride home from her (but she took sleeping medication not knowing that she would have to drive, so they were both put in a dangerous situation regarding that). As I understand it, they had no right to force him to stay. Does in loco parentis apply if he is a legal adult? He did not sign the permission slip.

What legal recourse does my friend have? Other students (also legal adults) reported similar cases that night, some of which involved physical force by the security guards. My friend had a security guard (just a guy with a flashlight) watching over him while he was outside. He was explicitly told that if he tried to walk away he would be physically restrained and then handed over to the police. My friend is a skinny guy and was definitely intimidated.

 

[seniorjudge]

You don't have a case and stop referring to yourself as "my friend".

Makes you sound weird.

 

[octelcogopod]

I know it sounds weird and you might not believe me, but this actually IS my friend. I graduated a couple of years prior to this (I dislike the administration with a passion, which is why I decided to investigate this). He is 18 and I am 20, which explains why we were treated so rudely when we merely asked for the names of the chaperon and security guard.

Is the intimidation aspect and incidents of physical force against other students in similar situations that night relevant here? I mean, I understand that he wasn't physically restrained, but he had good reason to believe that the security guard would tackle him if he tried to leave.

 

[seniorjudge]

You have no case.

Reason? "...Participants must have a signed permission slip stating they they must stay for the full duration of the event (9pm to 5AM) and that they must turn in their wallets for "safekeeping"...."

 

[octelcogopod]

He himself did not sign the permission slip. Furthermore, the way that permission slip was worded made sense only if applied to minors.
If he's 18 does in loco parentis apply? My guess is that it does not.
Am I incorrect? If so, why?

 

[seniorjudge]

He himself did not sign the permission slip. Furthermore, the way that permission slip was worded made sense only if applied to minors.
If he's 18 does in loco parentis apply? My guess is that it does not.
Am I incorrect? If so, why?

In loco parentis is not in issue here.

The only thing is that the guy went to a place where he agreed to stay until 5 a.m.; he wanted to leave and he had to leave under the terms and conditions of the folks hosting this thing.

This is no big deal.

Tell him to get over it.

 

[octelcogopod]

I guess the real question here is solely for my knowledge: What legal right did they have to do what they did? He didn't agree to anything -- his mom did. Since he's not a minor, her agreement does not apply to him.

I'm just curious about the technicality here and how the basic idea of freedom of movement would function if this were a more serious situation.

 

[seniorjudge]

I guess the real question here is solely for my knowledge: What legal right did they have to do what they did? He didn't agree to anything -- his mom did. Since he's not a minor, her agreement does not apply to him.

I'm just curious about the technicality here and how the basic idea of freedom of movement would function if this were a more serious situation.

Participants must have a signed permission slip stating they they must stay for the full duration of the event (9pm to 5AM) and that they must turn in their wallets for "safekeeping".

What part of this do you not understand?

When your friend went in there, he agreed to it by his actions.

Forget ma.:no:

 

[CdwJava]

Okay, fine ... have your friend call the cops and make a LATE report for false imprisonment. When/if the DA rejects the case (or the police refuse to forward it), the matter will be resolved.

The alternative could have been that they called the police and, maybe, he would get picked up for underage consumption of alcohol (presuming he was a little something else and not just "tired").

Since he was not damaged, he has no grounds for a good civil action unless he has several thousand dollars to pay for an attorney in order to get an apology.

- Carl