Drug Crimes, Substance Abuse What are my daughters rights for being detained by school security

[cameraguy61]

Hello

My daughter was reported to school security for possible drug violation (under the influence). She was taken to security and searched on her person and her back pack. Nothing was found, Next the school police officer was called in to check her out. The best he could say was that her eyes were slightly dilated compared to his little pocket chart. This was not enough reason for him to arrest her or bring any action against her. At this point the school security took it upon them self's to search her car, then took away her phone without her permission and proceeded to go thru her text messages' and pics. called two of her friends and brought them in for questioning. At lunch se was not allowed to go get food or drink, and none was brought to here. She was further detained for over two hours before the school principal told them to charge her or let her go. during this time they continued to interrogate her and never once called me or my wife to let us know she was being questioned for drugs.

it is my opinion that the security officers (not police) over stepped there authority. What legal if any actions are available to me and my daughter? If any.
I understand the school has the right to search with a reason if need be, however once the police officer signed off on it that should have been it.

 

[CdwJava]

What do you want to have done?

You can speak to the school administration ... you can speak to an attorney ... you can speak to the security supervisor ... in the end, what are you looking for?

- Carl

 

[Green_Hornet]

Was she arrested? It sounds like the principal of the school is on her side that cuts a lot of sway.

 

[raskalnikov]

I think you have a civil case against the school.

Ultimately, the super-intendent is a good contact if you don't want to sue.

however, I think you should contact the ACLU (which declines more cases than they take), If ACLU won't take the case, they may have a list of attorneys that they'd recommend.

I think if you don't fight, this is something that will eat at you as years pass. . .

 

[cameraguy61]

I work out of town, so the earliest I can speak with the Principal is Friday morning. In sort I simply want to know if the two security guards violated her civil rights by detaining her after the police office stated there was not enough information to arrest or discipline her. It was at this time the two security officers continued to interrogate her and her friends, information they took off my daughters phone without her permission for over two more hours, until the principal told them to charge her of let her go.

 

[raskalnikov]

You should hire an attorney now and follow their advice. At this point, the principal is not a friend but an enemy.

 

[CdwJava]

I work out of town, so the earliest I can speak with the Principal is Friday morning. In sort I simply want to know if the two security guards violated her civil rights by detaining her after the police office stated there was not enough information to arrest or discipline her.

Laws vary in different states. Whether these "security guards" are held to the same standard as police and thus enabled to violate someone's civil rights, I can't say. Are these "security guards" actual licensed and bonded security guards? School employees working as yard duties? Hall monitors? Janitors? What?

And, what standard are they held to with regards to civil rights in your state?

There might be some sort of suit for unlawful detention, but that won't be known until an attorney is consulted. You also do not know what the other side of the story is ... there may be a reasonable explanation.

It was at this time the two security officers continued to interrogate her and her friends, information they took off my daughters phone without her permission for over two more hours, until the principal told them to charge her of let her go.

If part of their job is to investigate possible crimes on campus, one can argue that they were doing their jobs. Whether they had the proper training to do this, who knows?

- Carl

 

[CdwJava]

You should hire an attorney now and follow their advice. At this point, the principal is not a friend but an enemy.

At some point the OP will have to speak with the school or district administration. Going straight to an attorney only delays the inevitable and might even cost money. if it were me, I'd want to find out what happened, listen to the explanations, and work to see that the matter is corrected before I would spend a few thousand dollars on an attorney and HOPE that I got an award out of the other end.

I would also be very concerned about how and where this info came from that my child is using or providing dope. I'd look very hard at my child to see whether there is any truth to the claim. because if the child IS doing or providing dope, making a court case out of the issue might not be such a good idea.

- Carl

 

[cameraguy61]

I believe my daughter, she has volunteered to take a drug test, we took her to the doctor today, and he feels her lethargic manor is the fact she is not eating very well (teenage girls)
My main reason for making a big deal out of all this is simply the Deputy Officer assigned to the school did a field drug test on her and found it inconclusive to continue any action on his part. It is at this time the two security guards took it upon them self's to continue to interrogate and hearse her. During all this time she was denied lunch and was never offered any food or drink. this happened over a three and a half hour time frame. We as parents were never notified by the school of this action.
I do have a appointment with the school principal Friday. At this time my only actions I want taken are for the two guards to be disciplined and for them to give my daughter a verbal apology for there actions.

 

[CdwJava]

I believe my daughter, she has volunteered to take a drug test, we took her to the doctor today, and he feels her lethargic manor is the fact she is not eating very well (teenage girls)

This is a good thing.

It is at this time the two security guards took it upon them self's to continue to interrogate and hearse her. During all this time she was denied lunch and was never offered any food or drink. this happened over a three and a half hour time frame. We as parents were never notified by the school of this action.
I do have a appointment with the school principal Friday. At this time my only actions I want taken are for the two guards to be disciplined and for them to give my daughter a verbal apology for there actions.

It sounds like your desired end results are reasonable given the situation. Note that there may be no legal requirement for you to be notified if your child is detained in the office. I don't believe you have mentioned your state, yet, but not all states have parental notification laws, and not all of them hold security or support staff to the same level as law enforcement with regards to the burden of proof necessary for a detention, arrest, or even a search.

I'm just wary of people who race off to attorneys to resolve problems that can often be addressed through lesser means. In fact, most courts want to see that the lesser means - due process - has been followed before they hear a suit. More often than not, court actions enrich a couple of attorneys, cost the plaintiff and the defendant money, and make for hard feelings all around.

If the end result is either not reasonable or acceptable, then you might consider consulting an attorney and making a claim for damages ... though, depending on the laws in your state, an award for damages may be minimal.

Good luck.

- Carl