Not that big of a deal... But
 

What do my S/C brothers think?

My 11yr old told me he was padded down today. ( on school property) by an officer. The bus driver lost her/his cell and found it on the floor after the pat down. I thought an officer had to get permission from a parent for any search an seizure?

My ? Is do they have the right without a parents permission?

My son was completely innocent as well as the other children on the bus what right does a bus driver have to accuse 15 or 20 kids?? Her/his phone was found on the floor...
Excuse the punctuation I'm doing this on my phone.

If he did nothing wrong, he has nothing to worry about by getting patted down. It's a new world and not all kids are taught like I suspect many SC kids are.

Maybe, seeing this will help keep some of the other kids honest since, they may not learn it at home.

Just my opinion.

Good experience for him...it will help him continue to be honest.

Yep....I agree..If nothing is wrong.....No big Deal...

The rule at ours is they can pat you down if they think something is up, but if you are a male student, male teacher pats you down.. females get females. For obvious reasons

I wouldn't worry about it if he wasn't guilty

Call a lawyer Do you want your kids to grow-up in a state of fear or freedom. Read him our Constitution and Bill of Rights. That will be a good experience for him

:rolleyes::rolleyes::rolleyes::rolleyes::rolleyes:

Just what a Union Worker would say:D

Oh yeah!! Here we go!!! Union no!!

Bull ****..........no way I would stand for a kid that age getting patted down.
I am as conservative as it gets and my boys know their *** would be mine if they stole something.
11 is too damn young in my opinion.
now 15 and it' on like donkey gong.
There is no way and 11 year old in my opinion can comprehend what the real deal is.
Of course, I am not burdened with all the facts.

My 11 year old step son, now 21 was hand cuffed and hauled to jail because a little cheerleader claimed he had a gun.........needless to say, she had a crush on him and it was all a crock.

But from that day until he finished he had a "rap" in this school system.

I can tell you from direct experience, this kind of bull**** does not bode well on a young man.

your kids rights were violated, because it was a POLICE officer that did the pat down, the officer will have to argue that he had probable cause and not a suspicion to do the search, did anyone see someone take the phone? how the heck is a 11 year old suppose to legally defend themselves, a Parent needs to be present during a search. Now if a school official did a search on school property it would be a different story!

My first thought would be,"what the hell are you doing putting your hands on my child", but the others have a valid point and I second that motion. Our thoughts and emotions are affected by what we experienced as children or young adults. With times a changing and there being more politically correct definitions of what our children should be allowed to wear, say, learn, etc. I am very concerned about our children, and if this new society dictates that my child be "frisked", then I as a parent suggest it be mandatory that all searches be video taped for the safety of the students as well as the "patter"!

The 4th amendment stuff gets more complicated when it comes to juveniles in a coercive atmosphere like schools when it comes to consent/searches. It's called the "In loco parentis doctrine" where basically the parent is agreeing to trust the school with the power it needs to keep the kids safe.

Google...New Jersey vs TLO. Searches must be reasonable and justified, basically the 4th amendment still applies to students but not in it's full capacity. There needs to be a reasonable suspicion that your child had violated the law. In this case I'd say that wasn't true but there's 3 sides to every story (his, theirs, & the truth). These looser standards are supposed to apply to school officials and NOT law enforcement officers. LEOs should follow their normal procedure, that shouldn't change just because they're on a school campus.

To pursue anything legally would be more trouble than it's worth, but the boundaries are there for good reason. I wonder if the people that cheer for the school to have absolute power would feel when their kid got strip searched because of xyz.

If it was on the bus they should have had it on video. I know in calcasieu parish all buses have video cameras

It starts with the kids then one day were all sitting around saying "Gee remember when the police needed a reason to search anyone". There is a war going on against our civil rights and the more you give the more the Government will take. Just look at the Patriot act, it only took 10 years for that to go away.

Big Brother is watching!!!

Well said!!! Its not right but not worth the fight
man,woman,child. We are all have rights.
But we are all losing more of them everyday
Just my 2 cents.

I just can't figure out why all the kids were searched before anybody searched the bus for the phone. If anything, the LEO and bus driver should have searched the bus first. That's just stupid!!!!!

Blame the kids for your own stupidness! Nobody takes responsibility for anything anymore.

EVO

But this is exactly why we are losing our rights. If we don't make a stand, who will? Not our government, that's for sure!


EVO

Big brother is watching because idiot trial lawyers reward a woman for spilling coffee on herself. Because parents can sue schools for their kids acting like idiots. Parents have passed the buck and now, morals have gone away or, are not allowed. Common sense, like religion, have been escorted from the building.

Had a certain child been singled out without probable cause, I'd be alarmed. This was a non-discriminatory inspection. Again, your good kid is heavily outweighed by those whose parents support thieving either by words or actions.

If this was one of my two kids, I wouldn't have much to say except, stay honest and you'll never have to worry.

I'd likely call the bus driver a dummy but, I wouldn't be calling the aclu.

If I was riding a bus and the driver lost their phone n tried to pat me down I'd not let them. I would not stand for that with my kid .

True. So true.but bigger problems do we have then a missing cellphone. BTW how did the bus driver come to notice his/her phone missing with kids on the bus?? They should be fired for worrying about it and not the safety of the kids!!!

They ought to outlaw drug and.explosive dogs at schools too. It also violates their rights. Do away with drug testing for steroids in high school athletes as well. Do away with disability type classes because its discriminating.

Better idea, let em hit the real world, in refineries and Chen plants where anything and everything on THEIR property is searched. Call it a welcome to life meeting. A few bad apples have spoiled the rest of the batch.

Also, how could one assume that the driver of this bus out kids safety behind a cell phone? Kind of a far reach, imo.

Yep that's the problem nowadays , cell phone everywhere . This evening I went to the gas station when checking out the clerk was talking some ghetto hood jive crap talk on freakin speaker phone! She never even looked at me just rung me up didn't ask if I needed anything else and I needed a pack of smokes , she acted pissed when I enturpted her conversation! Oh correction... She did speak to me she asked debiK or crediK! Lmao 2 words and neither were even real words! My crews stay on their phones on the clock n act like I'm the **** for telling them to hang it up that I'm not paying them to talk!

Do away with cell phones altogether.

The thing that pi$$Ed me off was my 11yr old asked me "dad what's it called when you have to put your hands out and someone checks your pockets and stuff"
What do I say?
This is not over!
All I wanted was some clearer heads.
Thanks!!! I'm letting my attourney know in the A/M
Thanks my SaltyCajun brothers!

Now Corey, that's not quite the same thing.

EVO

It been proven talking/texting and driving is the same as driving drunk!! And as far as the dogs go yeah I hated them!! Nothing I did illegal but for 4 year's in highschool I got pulled out of class everytime they came. And the cops would pick up hay and cow turds out of my floor mats and asking "whats this you got" knowing out of the 300 cars in the parking lot someone had something. But my truck is the only one that ever got checked.

Thanks Paul!!
The problem I have is explaining what a pat down is...

I think that if they can pat a kid down then they should also be able to bust their butt with a paddle, they would probly stop some of this crap before it starts. If they did this to me or my kid and then found it on the floor I would say that's the same as falsely accusing and that someone should have to answer for that.

I would talk to the school first or even go to the school board . That's how my parents got my problem stopped but again that's been 12+ year's ago.

Quote:

Originally Posted by southern151 (Post 320128) They ought to outlaw drug and.explosive dogs at schools too. It also violates their rights. Do away with drug testing for steroids in high school athletes as well. Do away with disability type classes because its discriminating. Better idea, let em hit the real world, in refineries and Chen plants where anything and everything on THEIR property is searched. Call it a welcome to life meeting. A few bad apples have spoiled the rest of the batch.

I could not agree more.The Government has used a few statistically insignificant events to strip away our rights.

Knowing where on the floor of the bus the phone was found after the kids were patted down Could shed alot of light on the situation.
Was it found under the drivers seat or in the drivers area ( driver dropped it) . Or was it found in the student area of the bus (student dropped it to keep from getting busted)

Wouldn't you search the bus before you searched the passengers? I dought they searched them on the bus. Line them up outside the bus then search it. If its not found on the bus then follow the school system's procedures.

Not have the LEO do it for you. I'm all for cops and have many friends that are cops but there is a procedure in place for the school system but it sounds like it was not followed. If a LEO is going to pat down my 8 year old I damn sure want to be there.

EVO

Well said paul. Kind of like the liberties the tsa is taking.

I see it this away...Its is on School property and they have the right to search you

Here offshore.......The Company has every right to search our bags, items at anytime

So If your on there grounds...yes they have that right

You are absolutely correct "W". The problem is it was a peace officer, not someone from the school. Legally there is a difference. By sending your child to school you extend certain rights to the school system. "NOT" law enforcement!

EVO

Eman is dead on with this. If a kid grabbed it and saw a cop standing out there waiting to get to the bottom of the situation, yeah, he's gonna toss it.

As far as being excess or as Evis says, more of our liberties being taken away by dogs and drug testing, tell that to the parents of Columbine. Tell that to a parent whose kid died of heart failure or infection due to bad steroids because he was under pressure to be a superior athlete.

Growing up, I was under the impression that kids didn't have rights. When they got rights was shortly after parents quit doing their job as parents.

In short, don't blame schools or law enforcement for actions like this. Blame parents who have created environments where the possibility of theft is likely. If theft wasn't a real possibility, this would not have happened.

Corey, my scenario would have still worked if it went down the way you are saying. Once all parties are off the bus, search the bus first before subjecting the kids to a pat down.


The real issue here is who did the pat down! It is the schools obligation to do so, not law enforcement! Schools have procedures in place for just this type of situation and they do not include law enforcement performing pat downs on children for cell phones. This was about a cell phone, not a bomb, drugs or weapons and yes, everyone knew it was a cell phone before doing the pat down so they weren't looking for just anything they could find.

What I hear you saying is that law enforcement can break the laws they are sworn to uphold to find a stolen cell phone that wasn't even stolen .

I started reading all the comments but was shocked at how many of you thought this was ok so i guit!!!
A bus driver looses his phone so now your kid has no constitutional rights??? This is BS and I would not let it go!!! What happened to a mans word? If the kids were asked if they had the phone and said no then it should have been left alone!Its not like some kid said so and so had it this is simply a bus driver accusing kids of theft!!

There is no way im gettin patted down unless Im walkin in a court room and the metal detector goes off! A cop doesnt even have the right to pat you down unless you are under investigation for a crime and then he still needs probable cause!This is harrassment!

THIS......
if a parent/guardian has to be present when interrogating/questioning a minor, should be the same for frisking ----with probable cause.

true, Patriot Act comes to mind, a bill/law passed to fight terrorism/terrorist can and has been used against fellow citizens.

So in other words some of you are saying the only reason the pat down was wrong is because the driver simply lost the phone? What would you be saying if they found the phone on one of the kids???

I do have a picture of a bus driving texting and driving when we went on a school trip.

As bad and cold as it is to say Columbine was a statistically insignificant event. People have to look at the big picture, by chrushing our rights over a single event we give that event way more significance than it should ever have. Overreaction to a single event is part of the reason this country is in such poor shape. And yes I'm talking about 9/11.

I don't like the pat-down, but why didn't the bus driver ask the LEO to call the phone to see if it would ring? All the kids that go to school with my kids have their own phones, even at 11, so the bus driver could have probably borrowed one from a student.

Where is our SaltyCajun lawman when we need him....... IronMan come on what's your take on this situation :confused:

[QUOTE=bjhooper82;320268]So in other words some of you are saying the only reason the pat down was wrong is because the driver simply lost the phone? What would you be saying if they found the phone on one of the kids???

They found the phone on the floor of the bus. Wouldn't you think the bus driver should have looked before?

[quote=CajunSaint;320518]Ding Ding Ding, We have a winner!!!

EVO

Lol


A short story will do...

When I was a senior, we had an altercation between a couple of us students. A kid in my class (Logan) logged onto facebook from the teacher's computer (big no no at ACHS) and didn't log off. My very good buddy James went on Logan's facebook and posted a joke, we all got a laugh except for Logan (big hippie type kid who thinks military is stupid and finds a way to blame everything on the government, and smokes alot of weed, and he's "always right"). Well, we got into a worded arguement in class the next day and when I offered my input, which was, "you shouldn't have been on facebook in the first place", things got a little more heated and it nearly came to blows in RELIGION after I was told, "why don't you stop sucking his ****?". And during lunch, a punch was thrown towards me by Logan, and he found his face in my Lasagna. Well, Logan found his way into saying that me and James were threatening him and told our principal that we had our guns in our trucks and we were gonna shoot up the school (which had happened already during our sophomore year by some Dville crack dealer). Which was stupid because I or James would never bring a gun on school grounds or do anything to waste $24K that our parents paid. The APSO was called and they searched our trucks in the parking lot before our parents were called during our last hour. Upon reaching the school about an hour and a half later, both sets of our parents were pissed. But, what we were told was they "had probable cause on school property, and schools have the right to search and siezure." I had no problem with it mostly because I had nothing to hide.


But as it turns out, I do have an opinion, if your kid had nothing to hide and was innocent, whats the problem?