Court Upholds School’s and Police’s Right to Violate Student’s Fourth Amendment Rights

Springfield Public Schools in Missouri locked down the school and allowed police to randomly search through all of the private possessions of any student they wanted.  The police did not have a warrant to conduct the search and neither the students nor their parents were notified in advance or asked permission.

When parents found out, many of them were outraged at the unlawful invasion of their children’s privacy.

John Whitefield, president of The Rutherford Institute filed a lawsuit against Springfield schools for conducting the lockdown and allowing the police to conduct the illegal search.  Whitefield said

"Besides the invasive nature of these kinds of things, what it teaches students in the future is that you live in a police state, that the police can [do this] without a search warrant, without you doing anything wrong, without them proving [they have] probable cause under the Fourth Amendment, that becomes normal.

"That's why the Fourth Amendment was put in our Constitution -- it's that we're not supposed to be treated like we're suspects, that we have bodily integrity, our homes are our castles.  But increasingly the law and the way this country treats us is going against that founding principle, and I think it's really sad and very unfortunate."

Unbelievably, a US District Court ruled in favor of the school and determined that they did not violate any of the student’s constitutional rights including the Fourth Amendment.

Whitehead said The Rutherford Institute will appeal the District Court’s ruling and take it to a higher court.

The Fourth Amendment states,

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In the case of the Springfield School, no probable cause was given and the search was completely unreasonable since there was no warrant issued for the search.  So someone please tell me how the US District Court determined that the students’ Fourth Amendment rights were not violated.

If this ruling is upheld, it will become the foundation of a policy that says students in public and possibly private and charter schools have no constitutional rights of person or privacy and that schools and law enforcement can detain and search them whenever they want without any probable cause or the securing of a warrant.

Is this the educational environment you want to send your kids to?  You need to make that decision and make it quickly.


  • Murphree

    What happen to the share button?

    • j wheless

      This has been going on in our school and Alabama for many years the school system and court says children have no rights..so wrong.. they s long as student is on school property they can do what they want.have had this going on for years..kids have no rights..county court told parents....sad state we are in..

      • daves

        When I went to school in the 60's and 70's, they could always search a locker or a student without a warrant. I didn't realize this had ever changed.

    • wisdomisbliss

      this is a blog post site, not bookface - they don't have a 'share button' on everything now...

    • robert

      I didnt know that lockers were students property .I had always thought that they were school property .Now noone should get to go into thier cars without a warrent first .

      • Mona

        I fully agree cars no homes no....public property yes.....they are looking for drugs and contraband....I am all for it....random checking keeps kids in check....and hopefully the drugs out of the schools....

  • screeminmeeme

    It's not surprising that activists judges at all levels are making bold judgments that are unconstitutional. It's what happens when you put leftists ideologues in positions of power. Isn't seizure of property, suppression of free speech, and hindering free exercise of religion what happens in socialist governments? Isn't this how it starts?

    How did we got here from there?

    If you drop a frog in a pot of hot water, he will immediately hop out. But...if you put him a pot of cold water and slowly heat it, he will be cooked before he realizes it. That's how it's being done. Slowly and incrementally. And if we don't get actively involved in these kinds of issues, we're as good as cooked.

  • Karen Griffee

    It should teach students that they are children, and they must learn the consequences of their actions. Thats how the adult world works.

    • Steve

      Karen, as this article is written, there was no probably cause, nor a warrant for the search. As far as I can tell, there were no actions for there to be consequences for!

      I do understand how the adult world works, and this SHOULD NOT be how it's conducted. How about if the cops come to your place of work, without probably cause or a warrant and search through your desk? Would you like that? Would you accept that?

      Now maybe the school administration had suspicions that there was weapons or drugs in lockers. Then, contacting the police, have them get a warrant and searching suspected student's lockers would be well within the realm of reason. But for the police to go on a "fishing expedition" through lockers while the school is locked down just smacks of a police state to me.

      • Bert Magnus

        I have to agree with you. Schools should have the right to search in their admissions policy agreed to by the student and the parents. Such searches should only be conducted if a crime has been committed or probable cause.

        • RENEGADE

          WHEN I WAS IN SCHOOL THEY HAD TO ASK IF THEY COULD SEARCH OUR LOCKERS. YOU COULD SAY NO, BUT THEN THE POLICE WOULD GET A SEARCH WARRENT & YOU HAD A "RED" MARK ON YOUR SCHOOL RECORD EVEN IF THERE WAS NOTHING TO BE FOUND!!! THIS IS ANOTHER INFRINGEMENT ON OUR CONSTUITIONAL RIGHTS OF ILLEGAL SEARCH & CEASURE!!!!! IT'S JUST INDOCTRINATION INTO WHAT OBAMA WANTS WHEN HE DECLARES HIMSELF DICTATOR/KING OF THE USA!!!! THE CONSTITUTION GIVES NO AGE LIMIT ON WHO IT APPLIES TO, JUST AS LONG AS YOU'RE A USA CITIZEN!!!!

        • http://www.facebook.com/sarge43 Charles McVey

          They tried that crap with me just once, after they threatened to cut my lock off and I told them if they did and anything was removed by anyone that they the school would replace it at full value, and replace the lock with one of my choice not theirs they backed off.

      • JJM

        Unless I have been ill-informed, recently enacted (was it NADA?) already takes away Warrant requirement at your home, etc. This could be another (in addition to TSA) to get us used to the loss of 4th amendment.
        We need a True Constitutionalist in the WH. Ron Paul qualifies well.

        • JJM

          NDAA
          Many years ago in school, it was well known that school locker could be searched, always under assumption that it was for safety of students.
          Question is: Why were they searched - drugs, weapons, any other reasonable concerns OR indoctrination?

        • hijinx60

          JJM.....It was the same at my school except for the lockdown. It seems to me that the lockdown would qualify as akin to kidnapping.

        • Dean

          The law (NADA?) that you refer to is the National Defense Authorization Act, NDAA, to which several amendments were attached allowing the military, upon request of the office of the president, to search anyone without probable cause and to detain anyone to custody for an indefinite period of time without the right of habeaus corpus, which means without charges or a right to an attorney are be able to prove yourself innocent. It is exactly what Nazi Germany did under Hitler.
          Welcome to Obamanazi rule people and the sad thing is that 93 of the 100 senators voted for it as did a large percentage of congress. I already voiced by opposition to it and am wondering when I will be arrested. Look it up on google and inform yourself of what this president is doing to destroy us.

        • Bill

          Actually, if you read the NDAA, there is a clause that exempts US Citizens and Foreign Nationals legally residing in the US from the terrorism detentions, and searches. The liberal media, and even the extreme rightwing media used misled the public on that issue in order to further their conspiracy theories. Read the NDAA in its entirety, as it was passed by Congress, and you will see that US Citizens are still protected by our Constitutional Rights.

          I agree that a students locker shouldn't be searched without probable cause. However, I seem to remember being told when I was in school that a student's locker did not fall under the protection of the 4th Amendment, because the student's locker was a part of the school, and therefore school property and subject to search at any time for any reason.

        • PJS

          A ronpaulbot zombie posting----
          Sorry, BUT NOTHING trumps the 4th Amendment of the Constitution no matter the age of the citizen. We need to kick the TSA out for GROSS violations of the 4th too. They have ZERO warrants to search your suitcases or to scan you or to GROPE your body and they ZERO probable cause. Just thugs feeling people up.

        • TerryT

          if i remember correctly this has happened many times in the past, sometimes challenged by the courts. the main ruling i remember was that a student is put in the care of the school, who then acts as guardians (which is why schools can be sued when they don't protect children from whatever, violence, molestation,etc), so the school can authorize the search if it is on school property. if they only searched lockers, then there is no case, if they searched individual students and backpacks, that would be a whole different story. remember they are NOT adults and don't have all the rights adults do, they cant vote, drive, drink, etc. a parent doesn't have to get a search warrant to check out there room and the parent can give police permission to search with out the child's permission (no matter how old they are, they are considered children until emancipation to the law, with a few excepts for crimes of extremely brutal nature). now that being said, the school SHOULD have put out something to the parents about WHY it was done, guns, drugs, etc. this is NOT a carte blanche authority, but used when there is a perceived threat to the health, safety or welfare of the student, or suspected theft.

        • PrincessPhilly

          We have no Constitution any more or any rights. THe judge in Georgia just ruled that the Constitution does not apply.
          We have a communist country and most Americans want communism so i say America gets what they deserve. No one will listen and just lets it happen so If Iran bombs the US on its own soil we get exactly what we deserve just like Germany got what they deserved for being so brain dead and allowing the Natzi's to take over.

      • William L McCaughey

        Steve, you are quite correct in your reply. When I was a student at the Army's intelligence school at FT. Holabird in the 60s, we were taught in our Investigative Legal Principles class that it was absolutely essential that probable cause be shown and that a search warrant be made out describing the item or items being sought. In fact, if any other suspicious item or items were found that did not appear in the warrant, they could not be held as evidence.

      • Myrtlelinder

        Anyone who can agree to such atrocity is one of them. Them are the anti-GOD, anti-America, anti-children Muslim. Ain't no way an American will say such a thing. If you are scared into saying such a thing, it won't help you in the long run.

      • Mona

        response to Steve how high does your education level go.....this is basic 101 in whats private and what is public.....the school district is public....every tax payer pays taxes for the school system.....now do the taxpayers in your area pay taxes for your place of work? probably not. do the taxpayers pay for your home? (you don't have to answer that question) do the taxpayers pay for your car? think about all those answers.....then the public has not right to get in to your personal stuff or search with out a warrant. BUT the school superintendent who believes that ALL his students are at risk because of things the POLICE are telling them (about drugs, guns, etc) wouldn't you want that responsible district to help keep your child safe. after all that is why your paying taxes.....they are searching the property of the school district not personal items of the students...oh my gosh people get educated on what is happening.....your the parent my gosh what are your kids turning out to be.........think about them.....get to know what your talking about first.

    • Patriot Diva

      What action? Was there a crime committed? I see this as the actions of a police state.

      • Boletero

        The only "CRIME" commited here was done by the police, the judge and the school officials. Let's trow those AH in jail and let them rot for a while. Maybe then and only them will the US Constitution be respected!!!

        You are welcome!

    • Weareinitdeep

      Are you that ignorant to think thats how th adult world works. NO WAY a warrant is needed. Even if a kid is in the wrong, a warrant is needed. Do you think they can come in and search your house with out one. No difference.

      • PoliceStateResident

        I don't like using the word ignorant without some sort of definition. You are ignorant because you ignore what has already occurred. The Patriot Act repealed the 4th Amendment without a Constitutional Amendment. You have no rights regarding search and seizure. Read the law before telling me or anyone else a warrant is needed to search my house. One is not needed. The most paperwork required is some memo alleging suspicion of whatever the agent wants to term suspicious.

        • PJS

          A law "passed" by Congress CANNOT "Repeal" an Amendment of the Constitution dimwit. You must have been "edjumicated" by progressive liberals that were IGNORANT of the Constitution and the way it gets amended. Assuredly, it is NOT by a bill passed by congress..
          The rest of your post is pure and utter Bovine Defecation and makes you sound totally ignorant. A SEARCH WARRANT IS REQUIRED before there is ANY search of your home or seizure of your property and it MUST be sworn to and signed by a Judge specifically listing the areas to be searched and the items to be seized . A "memo" allerging suspicion is NOT adequate. Where did you spend your days when you should have been in school?

        • SumerianMan

          And now you know why the public education system has been dumbing down the population for over forty years now. We are finally at the point where most of the people are so ignorant they are willing to believe whatever they are told by some or any faux authority or agency trying to further it's agenda of more or complete control over yours and your childrens lives. This is exactly how socialism or communism takes over countries and it's people, bit by bit by bit. Our government is no longer nor has it been for some time now a government of the people, by the people, for the people, it is nothing more than a giant cash register and we are just the sales tape. This is our last chance to make a stand and vote for freedomby way of Ron Paul, the only candidate willing to make a stand with and for us! It's Ron Paul now or we may find violent revolution in our very near future.

        • Dr. Marn.

          Well stated, SumerianMan. The USA has become a "Corpocracy" & we left our Democratic roots when we decided that we would fill our lives with stuff rather than find the meaning in our existence on this planet. Bit by bit, by bit, we have consumerized ourselves into this position. While you say our last chance is in Ron Paul, I disagree - our last chance is for EACH of us to WAKE UP & become active members of our communities! Time to make a difference in the lives of others & take back our freedoms by helping one another! Time for EACH of us to stop being so SELFISH & greedy...and remember that we are ALL in this together -one world, one planet, one people.

        • Mike88

          One thing that you are forgetting though is that any Law, Act, or Mandate that violates and provisions the Constitution is actually Null and Void of any legality, The Constitution is the Supreme Law oif the Land and no Congress, President, Agency, Department, or any other institution cal legally enact any Law or Act that is in violation of the Constitution. This is part of the Supremecy Clause. Any Laws or Acts that Congress Writes that goes against the Supremecy Clause of our Constitution is automatically Null and Void of any legal authority.

        • Dean

          Tell that to the president and our "law" makers.

      • TerryT

        actually they can if you give them permission, and the school is accorded the status of guardian when they are in the school. they can search lockers, desks, etc, but if i remember correctly NOT the student or backpacks unless they have some credible reason to search a person, such as drugs or weapons found in the locker. I went to a school that had a former classmate of mine go in and kill several kids, and a teacher, as well as wound several others, it was a "closed" campus, but was not fully secured, only a couple of ways in and out, but only wandering guards, no gate type guards. after that they locked done even further.

    • Charles

      if you were searched without cause would that be OK with you if the state or Feds came into your place of business or home without a warrant would that be OK too I think not our children are no different than us however that being said to search a locker on school grounds is OK because it is owned by the school an if the school gives the OK then it can be searched without said warrant. But in my opinion they still must have a warrant if the school says no to the search an they search anyway.

    • Nelson

      Karen, what did the child do? Besides this is not about behavior of the child--but--rather the illegality of the search. How would you like for the police to stop you and search your purse if you carry one or your car for no reason? Think about what you are saying--or--maybe you are all for a police state where people regardless of age has no rights.

    • jwhit

      The adult world requires a WARRANT what your rights don't kick in until your an adult? Ridiculous

      • TerryT

        actually that is RIGHT to a degree. do children have a right to vote, drink or drive? not until they reach the right age. a parent (which a school is a defacto guardian while on school grounds) can authorize search of property with out a warrant. same issue here.

        • RENEGADE

          IF THEY WOULD HAVE TRIED THAT WHEN MY KIDS WERE IN SCHOOL--THERE WOULD HAVE BEEN PROBABLE CAUSE---NOT ON MY KIDS, RATHER ON ME!!!! I WAS STRICT WITH MY KIDS--THEY KNEW THE DIFFERENCE BETWEEN RIGHT & WRONG!!! BUT THEN AGAIN, IF THEY DID WRONG, IT WASN'T THE SCHOOL OR THE POLICE THEY HAD TO ANSWER TO, IT WAS ME & THEIR MOTHER!!! IF MORE PARENTS TAUGHT THEIR KIDS THE DIFFERENCE BETWEEN RIGHT & WRONG, WE WOULDN'T BE HAVING ALL THIS TROUBLE TODAY!!! IF YOU THINKTHAT THE SCHOOL HAS CUSTODY OR YOUR KIDS WHILE THEY'RE THERE, HOW COME SO MANY OF THEM SKIP CLASSES, DROP OUT, ECT.. THE TEACHERS SHOULD HAVE THE RIGHT TO USE CORPRAL PUNISHMENT WHEN NEEDED!! TEACHING IN THE USEFULL WAYS OF LIFE BEGINS AT HOME, NOT IN THE SCHOOLS!!!!!

    • valerie

      KAREN YOUR CRAZY OR YOU MISUNDERSTOOD

    • charles coker

      i'm so glad you're not in a position of power, the fourth admendment doesn't put an age requirement for the protection from illegal search and without proable cause and without a warrant. you're no better than the illegal president we have now. you are not a true american.

    • Jim

      My child will never willingly give up his rights and neither will I. It's past time to legislate school choice and to preserve freedom of association. If you want your rights trampled, feel free. But take heed and don't ever think you have the right to take mine or those of my children without appropriate consequences. What actions did these citizens take to allow police to violate due process?

      • TerryT

        ok so you are saying you will get a warrant next time you go into his room to look for something or check on your child? it is the same principle. now their PERSON is a different story, you can authorize the search of their room if police ask, but not their person, they have the right to deny without a warrant

    • Buddell

      Nicely said, Karen. These ARE children, not yet adults. Treating them like adults is not only stupid, it's also dangerous.

      • PJS

        Treating you as an intelligent adult is dangerous; what you say and claim is totally ignorant, dangerous and doubly stupid.
        Now back under your rock.

    • Red

      The students didn't do anything. In addition to an unconstitutional search they were unlawfully imprisioned in their own school. A place where they should be safe and secure, That's not how the real world is supposed to work in the USA.

    • guest

      you are a koolaid drinking idiot!!!!!!!!!!

    • msbets

      your right up ovomits, @$$ aren't ya, filthy commie!!!

    • http://www.BornAgainHeathens.com Tim BAH

      The republic is dead. Not because of the actions of the police and Springfield school district. Because too many people believe the actions of the police and school were OK. Socialism always gives us one of two "solutions", the KGB or the SS. Not an ounce of difference between those "solutions". Both provide for the death of liberty, intellect and the soul.
      http://www.BornAgainHeathens.com

    • bob N

      Your a fricken idiot if you don't see where this is WRONG. How would you react if they did that to your home? Just let them? Welcome to communism. What kind of idiot can't see this? If your kid was involved would you just sit back and let them do it?
      I would hope not.

    • anthony whitney

      i agree. what caused the police to want to search. must have been something pritty serious.

      • Not Impressed

        That is easy to say but almost entirely off the point. The police have to document the serious reasons for wanting to do this type of action and get a judge to sign off on it. They should and must give their reasons in court. They should do it now. They should have done it BEFORE they took this action. Now, the court system should force them to spill the beans. The court has taken the exact wrong position and must be held accountable.

    • ScottSchoemann

      man Oh Man Karen, you just kicked the hornets nest and woke up the Liberal "dontwanaberesponsables" !

    • Phil

      Karen, this is a real slippery slope you're trying to climb. You're right about children learning the consequences of their actions but what was their actions that justified this. What were the police looking for? School officials have the right to have students open their lockers and look in their desks, that's school property. They didn't need the police to do that. What was the probable cause and why was a warrent not obtained? How much of the students learning day was taken up with this unnecessary and illegal disruption? This teaches students that we are becoming a police state.

    • jerry

      so you are saying that the 4th amendment does not apply to everyone equally-you must be an obama supporter

    • Listener

      I agree. If youteach and nurture your children, rather than just letting them grow like weeds, schools would actually be a place of learning, instead of a public babysitting service. If you complain to authorities, just TRY looking in the mirror.

    • George Campbell

      I do believe that there was no probable cause here. Is this really the environment you want your kids to grow up in? If so, shame on you!!!

    • Jacob

      It should teach people like you nto jump off a cliff. My children are parented by me and no one else has any right to search my child. If your willing to give in to make your self feel safer, then maybe you don't deserve freedom nor safety!! I'm disgusted for the folks who think this is okay. Lets us come and search you and feel on your privates areas!!

    • Rich

      What is a wrong with you, what actions? They RANDOMLY searched the whole student body, are they all guilty until proven inocent? Wake up and re-read our founding documents before you freely give up our children's liberty!

    • Frank

      Have you even a remote idea of the freedoms guaranteed by our constitution? With reasoning? like that I sure hope you never get into a position of authority.

    • JED

      What actions?

    • Dana R

      consequences of thier actions? oh you must mean that the action of them going to school...???

    • Russ

      So, Karen... how about if the police just decide to search your home? If they find something illegal then you will learn about consequences. If you have nothing illegal, then you just live with having your rights and your privacy violated. Is that what you are saying? Or maybe you are just one of those 'sheep' who will do as they're told just because the government tells you to.

      Our country is in a crisis as the Constitution is being ignored by the government and by the courts. We need something to straighten things out, remove from office and prosecute those who are violating our rights at all levels of government. Our forefathers didn't risk their lives and fight and die to give us freedom we would just hand over. Vote for Obama if you like that idea.

    • AVCurmudgeon

      In general on school campuses the courts have held that students have limited 4A rights. Still, this goes well past the norm. It was not a search of a locker or two with the expectation of finding anything, it was a blanket sweep. Unless the school was a war zone I fail to see any justification for it.

      As for "consequences", what actions is anybody taking consequences for? Oh, I know. The police should learn the consequences of their actions. Is that your point?

    • Patrick Henry

      get ready for things to come this is ovomits dress rehearsal for a commie takeover.

    • http://yahoo.com Al Chamberlain

      THAT IS JUST AS STUPID AS THE ONES WHO BROKE IN TO THE KIDS LOCKERS,IT MAKES NO SENSE AT ALL,ARE YOU IN OBAMA'S POCKET TOO?

    • Joe Watters

      Karen, I'm sorry but you are very misguided if you think this was a legal search. This ruling by the court can, and should, be overturned on apeal opening the door for major law suits against the school and police. A search warrant was required for this activity by the police and the school "unless" there was TERRORIST ACTIVITY suspected by these children! The Patriot Act of 2001 and resigned in 2005 by Obama allows the circumventing of the 4th Amendment rights only in the case of "suspected" terrorist activity. Oh yes, "what was the action" you mentioned that the children must learn the consequences of? Without the SEARCH WARRANT who knows? Do you think YOU would sit silently by while the police invaded YOUR HOME without a warrant when you didn't know why? The same would apply to your home UNLESS "YOU" WERE ENGAGED IN TERRORIST ACTIVITY!!

    • Not Impressed

      Sorry, Karen, but you are being used and manipulated. Why are you not outraged? This is an attack on you in the person of innocent children.

    • Stephen Rowe

      Actually, you are incorrect. In the adult world our personal property is supposed to be protected from this type of thing. Here is what is being attempted.

      1) Students in a public school have not rights under the Constitution, so we can search them or their property at any time we wish. We now have proven that no one should expect that they have a right to privacy in any public space or forum.
      2) EVERYONE will now be allowed to be searched based on their use of any public property. As there is property tax levied against your home, it can now be reclassified as public property and your home may now be searched.

      Don't think it can happen? Just wait, if things are not correct5ed soon, it will come sooner than you think.

  • http://www.chick.com Raymond

    Why was the search conducted?

    • Nightlyonewolf

      Exactly Raymond! They must have had a reason or probable cause. The police do not just "show up" out of the blue to conduct a search unless they had probable cause. Much is missing from this article.

      • http://www.chick.com Raymond

        You're right Wolf,
        This article leaves out much information...
        I wonder why...

        • Stephen Rowe

          As the article states, no search warrant was applied for or obtained, so even if the police or the school made a statement, it would be conjecture. The missing information is not on the part of the writer of the article, but upon the people and institutions that conducted the search.

    • ScottSchoemann

      It looks like nobody really wants to know that. they just want to pitch a hissy against public safety...

    • Ron

      Think Colombine and all the other schools where students took guns to school and shot up students. Students have no 4th amendment rights and never have had. Children can be questioned by the police without parental concent and without parents present.

  • Pat

    You missed the point. Since there was no search warrant, one might ask consequences of WHAT ACTIONS???? That is the point. They did this without any explanation or reason and we don't even know if there was one since they had no search warrant. It is a violation of the 4th amendment.

    • Bert Magnus

      What 4th amendment? Under this administration and the liberal judges, I doubt that anyone recognizes the 4th Amendment.

    • Anne_PA

      You have a point... but any search should have been done by the school, NOT the police.

    • Lynn

      Well , who do the schools lockers belong to? The children or the school?

      • skipfoss

        Just like when you rent a house it belongs to you the land lord can not just walk in at any time and search the house it is the same with the lockers when they are assigned to a person that is their property until such time as they vacate it or in this case the end of the school term. Of course that is now under this administration the school and the cops decide it no longer matters,also the students were held against there will ,I do beleive that is kidnapping ,also unless the school and the cops decide other wise

        • jeannie

          And just what would your comment have been if they had found a loaded handgun in one of those lockers??????

        • marysteeleyorktownva

          Exactly!

        • marysteeleyorktownva

          They did not rent the lockers and have no expectation of privacy! Searches by police/dogs have gone on for decades looking for illegal drugs and now weapons since times have changed!

      • GQ4U

        The child the locker is assigned to has the right to privacy unless a warrant is issued, much like renting a home or a storage space. They require children to attend school but that shouldn't force kids to leave their constitutional rights at home. Make no mistake on this issue, they are already passing unconstitutional legislation to circumvent your rights just like they did to these innocent kids. Pray the appeal by John Whitefield is successful and the US District Court is slapped down for not protecting the kids and the Constitution.

        You may not agree with my assessment... but it you'd be wrong not to.

        • Mona

          you are right about our rights being jeopardized. but not in this case. the school is public property. the taxpayers pay for it. no individual owns anything in that school, except the clothes and paper they bring in. the school district has a right to have random locker searches done to prevent or to deter drugs or other contraband from coming into the school, for the safety of all the students. its not a matter of whose rights are being violated......in this case the students do not have any rights.because nothing belongs to them personally, as for a storage building...your right they need a warrant BECAUSE its not publicly owned. its privately owned. please educate yourself s on what is legally right and wrong. it may help you to not embarrass yourself in front of your kids....or other people......

    • JoJo

      These random searches have been going on for at LEAST 40 years. They were doing them when I was in high school. With both of my kids, at the beginning of EVERY school year, paperwork is sent home to be signed by the parents..LOTS and LOTS of paperwork, so chances are, people aren't READING it when they sign it...point is, parents are told in writing that random searches will be conducted throughout the school year. Smart students don't keep drugs, alcohol, or anything that they would find embarassing for anyone else to see in their lockers OUT of their lockers....

      • Disgusted

        Smart students wouldn't WANT to keep drugs, alcohol, or anything that they would find embarrassing for anyone else to see in their lockers, or anywhere else.

        Basically, if you are a decent person, you don't HAVE to worry what someone might find anywhere around you. If you're stupid enough to break the law, you deserve what you get. So many of you sound like criminals who have all kinds of things to hide and like true criminals, you think you have the right to do whatever you want because of whatever reasons you use to salve your consciences. I'm aghast at how people talk here.

        What if the cops had some inside information and there was real danger in that school? Are they supposed to waste time waiting for a warrant? If something dire had happened at that school and lives were lost because the cops were waiting for a warrant, you would all be screaming about them taking the time for a warrant.

        It's amazing how we all get up in arms about an article when we don't even know that much about what happened.

    • DennisCHP

      Your wrong. It is a public place and it is not a house.

    • Tiger716

      I once had this explained to me by a school board member. It seems that since the lockers are on school (public) property and are not actually the property of the students using said lockers, the school is within its right to search lockers...without cause. I don't happen to agree with that, but that was the explanation given. If I were the school authorities, I'd rather err on the side of the Constitution and get a blanket warrant.

      • Supertad108

        Another argument could be that THAT public property belongs to the tax payer which belongs to the parent of the child attending that school. They may have a right to obtain possession of the actual physical locker, however the CONTENTS are protected by the 4th amendment. Query... you give a sensitive note to your child and they leave it in the locker, under the correct assumption of privacy, and this RAID happens. Now how does this unconstitutional action seem?

        • ScottSchoemann

          incorrect. per the SCOTUS it is the premesis not the contents that are protected. Perhaps if you bothered to READ the fourth amendment and fourteenth amendment you would see why they ruled that way.

      • Ron

        The school does not need a blanket warrant. Read the local school laws. By the way, school authorities have lots and lots of power. Look at it this way. You give the keys to your car to your 16 years old. Who is liable, you or you kid? If you think your kid is, you are wrong.

    • ScottSchoemann

      You dont know what you are talking about. AS it is a SCHOOL, there is not a requirement for a warrant if the administration gives the go ahead, OR for that matter REQUESTED IT due to, oh say EXCESSIVE DRUG USE among students AND EVEN STAFF... why is the world filling up with idiots???

    • Charles

      The Students are under the control of the School administration and they have the right to authorize a search if they deem it so..

    • bobdin

      The circumstances are vague. If these student possessions were in a school locker or on school property the police do not need a warrant if someone in authority with the school gave them permission.

    • Ron

      What is a violation of the 4th amendment? As I read the law, once a student is in school, they come under the authority of the school. Every locker is subject to search without any probable cause at any time. Hell, this has been going on in this country for the past 40 years. The problem we have here is this: If search is selective instead of everybody, then it might reach a violation but I doubt it. Random searches are authorized much as randomly stopping cars looking for DUIs. I agree though that we live in a police state but we have since 1965. As I see it, random searches is a prevention technique. It might prevent guns, drugs and other illegal things from being taken or stored in school lockers. How much freedom does one want? As much and as far as somebody having a gun and killing one of your children and then you scream, where were the school officials, or where were the police. Everybody needs to think about this. Besides, I am not aware of any child having 4th amendment protection until they reach adult age.

    • ScottSchoemann

      Since the school is not the students residence no warrant is required Period. they have no right to privacy in a public place, they do not own the lockers, they are ALLOWED to use them. it is NOT a right. Stop being ignorant

    • Mona

      they are looking for drugs...contraband....

  • Billee

    Yet another reason why I've always homeschooled my kids. When we get a candidate that allows freedom of choice for vouchers for a full range of educational options...in other words competition for public schools, then and only then will our students be free like they are supposed to be.

    • DefendConstitution

      You are missing the point. This issue has nothing to do with teaching your children so don't confuse the two.

      • Paul

        You are missing the point if you think that this was NOT a learning experience for the children. They learned that the government can do what ever they want when ever they want. In fact, that may have been the purpose for the search.

    • Sue

      While I understand vouchers I must add that when buying a home a buyer will look for the better school system. Vouchers can be used in a not so upright way (and I've seen this happen many times) to bring children who otherwise don't want or care to study into that same school system.

      • Paul

        You say you understand vouchers but then say they can be used to place a child in a public school outside of their school district. The pupose of vouchers is to give parents the option to send their child to a private school not another public school. Maybe it is different where you live.

    • Tommy W. Cartwright

      Why should I get a voucher from the government to teach my children? Are they not my children? Am I not responsible for their care and education? Or did I miss something?
      Nevada Coyote

      • Paul

        You missed something all right. You have to pay taxes for the public school whether you use them or not. The voucher system allows you to help pay for home schooling or private schooling if that is your preference; AND IT SHOULD BE!!!

  • Don

    no probable cause, no search should have been conducted!!!!

    • dingbat36

      I don't understand.............since most or all of these students have not yet reached the "age of majority", the police and the school district seem to be considering them as something less than human. Problem is, if the parents really want to make a stink here, I think they would have a pretty good case to sue both the police AND the school district since they were not allowed to be present when their children's things were searched. Parents have a right to be present if their children are questioned by police, so why not when their belongings are searched as well?

    • ScottSchoemann

      true, its not likely that the administration was fighting a massive drug problem and requested said searc, now is there... after all we both know the press is all knowing and all seeing, just like you

    • Sad4theUS

      Unfortunately, under this corrupt Admin. you're going to be seeing more of this, not only in schools, but in Society too! Welcome to the future of NO privacy...

  • Val

    What was the Police looking for.??? Were ALL the students suspects ???? WHY ??? WHY ????

    • TOO INFORMED

      What is next...a full cavity search on all girls because some pervert is horny?

      • ScottSchoemann

        sounds like YOU already thought that one through, pervert

    • Gunny

      becuz the sheeple let em

    • msbets

      GEEZZZUS KRIST. val that's not the point!!! you are just a little bit slow on the up take!!!

    • johnny h

      I read a book about Winston Churchill once.
      In it there was a chapter where he was talking to his secretary, who was a German emigre.
      Churchill asked her how she had come to Britain.
      She replied that she worked in a school as a teacher, and her son was in her class.
      One day, she said, the SA came.
      Very politely, very courteously they began taking some of the children out of the class.
      The teacher asked:"What are you doing?"
      The SA officer, still politely, said, "They are Jews, we have come for the jews">
      The teacher asked again, "But what have they done?" "DONE, they are Jews!!" replied the officer
      This time the SA officer got angry with her asking if she too was a Jew.
      Scared, the lady kept quiet, but that day, she took her son and travelled to England.
      She told Churchill that now she was content that she could bring up her son in a country where he did not have to fear the police!
      Churchill was said to have been very moved by her story. Whether or not thestory affected him in any other way was not made clear.
      Now in USA, Police imitating History, and it seems the Courts are colluding.
      Time to leave America yet do you think, when US police behave like German SA???

    • Mona

      looking for drugs......those lockers are not their personal items....they belong to the school district....the tax payers. not the students...of course they can't search their own personal cars, homes, or book bags. but they can lockers....cause they aren't the students.....

  • luvmyusa

    Our dictator of Education now showing it head.(apppointed by BO) Beware of what is to come with BO appointments. This is just the tip of the iceberg. BO has to be defeated along with all of his sociaislt corruppt appointments and many of our elected Democraps and RINO's .

  • Infidel

    "Who controls the Schools,the Federal Government does Debby!!!"

    • Buddell

      Only in Dallas!

    • DefendConstitution

      and that is WRONG. Any power not specifically granted to the Federal Gov. is reserved to the states. Show me anywhere in our Constitution where education falls under the fed gov? That is one of the many reasons the educational standatrds have fallen so low.

  • ItsMeNotU

    Public school property can be searched. Such as lockers. Therefore if a purse or back pack is in a locker it can be searched. If the items are on a person and no consent was given and no warrant issued then it's a violation. I don't think we are getting the complete story.

    • MIKE CALLAHAN

      If what you say is true, the the search was lawful. Were the students told this at the beginning of the school year?Did they rent the lockers? While this could be a "slippry slope", it's not clear what the whole story is. Hard to believe that the Police and the Court would be so misguided. Maybe they'd beem tipped that there was a gun in a locker. Tough call.

    • Heyoka

      As long as a student is assigned a locker they have an expectation of privacy. if there is probable cause the police or school may searchthe lockers. Yhis has been brewing for a long time and has been allowed. But since the school is part of the government, and the 4th Amendment is a bar to this type of activity, then the Constitution should rule. The same rationale is applied to those who rent property and do not own it. They have a right to an expectation of privacy and can invoke the 4th against unreasonable searches and seizures.

      The whole thing applied to kids in schools was set up years ago because no one considered children to have rights and their parents didn't care or didn't understand the right and how it was being erroded. Once again we awaken late and the wolf is in the door. The steady stealthy encroachment is ever present

      • Rope

        You are wrong twice!
        The students are issued the lockers, they don’t have exclusive rights to secure combinations (the school administration knows the combination) and the school is public property, to the best of my knowledge all students are issued the school district rules and policies covering what is not allowed on campus and in most cases are required to sign (parents and students) that they understand said rules, there is no legal expectation of privacy.
        Number two, Children have rights, a search warrant must include a description including children’s rooms and parents can’t give verbal permission to search a child’s rooms if the child in question has exclusive access to said room (the only minor child who resides in said room) and the door or access point is closed or secure. If open access the parents may give permission for the police to look in said room but the may not conduct a search without the child’s permission or a search warrant including said living space.

        • ScottSchoemann

          Rope, you are incorrect on searching a minors room. The Adult guardian is the one who has the rights under the 4th and14th amendments once they come of age, it is the person whose respnsible for the address, be it the renter, owner or whoever is lawfully the resident registered at that residence. So mom and dad have the say. EVEN IF the door is closed and locked. the sole exception is with a writteen contract expressing exlusive rights as an adult tennant

      • ScottSchoemann

        I do not know where you people get the idea that a student has the expectation of privacy in a school owned locker, THEY DO NOT. The US SUPREME COURT has ruled on this dozens of times, and now just issues summary judgements based on precedence. You DO NOT KNOW WHAT YOU ARE TALKING ABOUT. Now take your foot out of your mouth and stop embarrassing yourself

    • J-M

      Better look on youtube and see just how these searches are conducted. It's everybody up against the wall, hands behind your head, sniffing police dogs and drawn guns pointed in students faces. This is a swat team style invasion. The students are being terrorized by the police... FOR NO REASON!

      • Ray

        Are you sure some weren't handcuffed. made to get on their knees and then executed? Your post is pure crap.

        • ScottSchoemann

          Stop smoking your own shotst Ray, those skid marks are rotting your brain...

    • Ray

      I agree. We are not getting the complete story. In todays sick world, if one of those kids had a gun in their locker and later used it, killing several more students, these same people who are so "outraged" would be the first ones in line screaming about the schools and police not keeping their children safe.
      I applaud the schools and the pollice for taking this premtive action.

    • ScottSchoemann

      Thank GOD I'm not the only one looking past a headline! I'd put money on the fact that the school has an issue with drugs, weapons or gang activity, wich would include the previous two items... But these people don't seem to understand that tis is an issue of overall student safety. I cant help but wonder how old most of these posters are and if they have children who are out at risk by the criminalistic activities of others or if they live in some fantasy land where students dont die of overdoses and school shootings and drive bys never happen.

    • Dave

      That locker should be treated just like renting an apartment or house once it's assigned to a student.
      Folk's, I hate to tell you, if you hva enot figured it out. The Police State in which we find ourselve's has been rolling for awhile and we've been asleep. As usual, they alway's tell us that they are doing it for our own good, to protect us. BS !!!!!! Government is out of control, that goes for the Fed's, that goes for State and Local, and we are letting it happen...For every Right we give up today, we'll lose 10 more next monthj and by the time it's over, we'll have NONE...

    • Bob

      The 4th amendment protects you from unlawful search in your home, not in a public building.

    • Mitchina

      With your analogy, if you drive on public property your car can be search - car is not "on your person" it's your property, just like your backpack and purse on public domain... you're thinking is way off so yes, it is you not me.

    • the spanish Jew

      this past thursday or Friday, the state of WV.state police, shows up not telling the schools or parents, with dogs searching lockers and sniffing kids backpacks, nothing was found, but one state police offices said that they didn't have to tell anyone, what the hell!!! what about the 4th amendment, these so called Judge's and state police don't know the law's of a dog catcher!!

  • Jonathan Gartner

    It seems that the marxists are coming right to the line of the Constitution and daring people to do some thing when they obviously break it . There was no just cause for this action except to see how far they can go before they get a reaction. They get their bravery of course through Obama who has trampled on both the Constitution and our way of life

    • NoCAGal

      They now have the NDAA which obumma signed on New Year's eve, also! Beware people!

      • Clyde_503

        The sad reality is that most Americans do not understand the principle of having two contradictory laws. We cannot have a law in existence (The 4th amendment) and one violating it both be valid. The "right of the people" during the writing of the Constitution was clearly constrained to the definition of "Natural Persons" as in, flesh and blood men, women and children. At that time there was no consideration for the "Corporate Person-hood" of "The School, The Police, The Court or any other legal fiction. The people who are making "hypothetical" arguments clearly don't understand that what seems, does not necessarily have any relationship to what is. Did the police find anything to justify their incursion?, Do Natural parents no longer have any legal rights to check "special interest?" My family was subjected to "selective" law enforcement, and I blogged it at http://myfamilyview.com if you have any interest in the other side of the story. Indefinite detention, ex patrioted the whole you are less than human treatment by the bureaucratic apparatus and the Court system. Americans no longer seem to understand that freedom from coercion, and the undue influence's of group thinking Corporate persons is a moral and ethical issue, not just a blot on a legal ledger.

    • kibitzer3

      Jonathan, this is not just an Obama thing. Some on the Right need to wake up: their 'leaders' are involved in this overthrow of the Republic as well.

      The key is the declaration of a War on Terror. Well, the rot started in the cover caper of the War on Drugs; but the point is the same: the only way TPTB could think to overthrow the Constitution and take over the country, to merge it into their desired New World Order, was to declare a state of war, and that gives the executive branch all manner of powers - up to and including declaring a state of national emergency, and imposing Martial Law on the whole country, in one fell swoop. They have been planning this for years, under both political parties. These sorts of actions, conditioning the public to extra-constitutional activity on the part of the federal government, are all part of a long-standing plan of operation. It's time, and almost past, that the public woke up, and started to pay attention to the people who have been trying to draw their attention to this takeover for years.

      Start doing your homework. And you won't find it in the MSM.

      • Jonathan Gartner

        It is true some RINO's are involved however, Carter, Clinton and Obama are the ones who have ignored the threat while it has been the Republicans who have gone up to meet it. I dont play conspiracy theory with out facts which you have not given including what you call the "supposed" drug war which was and is to this day very real

        • kibitzer3

          Jonathan,

          I fear the gap between your current level of awareness and the reality of the matter is far too big to try to engage in a meaningful dialogue on it all on this venue. I would be very happy to 'meet' you in another context, if that were possible. In the meantime, perhaps all I can say to the matter is that hardly anything of all that is going down in the country's federal political scene right now originated under Obama. The Constitution was fatally weakened before his time; and it was not all done under the Democrat administrations.

          And who was it who has allowed Obama to sit in that position illegally? Where is a true opposition party in this country?? A pact with the devil was done by the Republicans that has allowed the usurper to maintain his occupation of that position. It is unseemly. It is outrageous. If there were a true opposition party in the country, it would not stand.

          The answer: It's the same nest of vipers at the top of the pyramid of power in America. A game of Kabuki theater is going on; and the American people have bought it. A tragedy. In which the Founders are turning over in their graves as part of it.

  • GRAM

    Your homes are next....

    • Gunny

      let em try,,,lotsa guns aand ammo

      • DEFEATOBAMAIN2012

        makes you and your children even more a target for police to invade your property. you go to jail kids get send to fema camps, until they deem your fit to be a parent which may be never under obama policies.

    • lynn and cathy

      good luck with that: shoot furst and let god dill with the shi#.

    • DennisCHP

      Are you hiding something that would make you a criminal. If not you should have no worries.

    • DennisCHP

      Are you worried about that? What are you not supposed to have that would make you a criminal?

    • DennisCHP

      The police are there to protect and serve, that means serving the good citizens that really have no fears it is only the ones that are the law breakers that should be concerned. Also remember the 4th amendment says "houses" a school is a public place which means everything is subject to search. It's a good thing as too many children have died from kids bringing guns to school because dumb parents don't secure them properly. That last comment is directed at all the irresponsible gun nuts and not at the responsible gun enthusiasts. I always had a key operated trigger lock on all my guns and the key was always with me. That's responsible gun ownership. If you haven't done that, why not. To you I would say take your brain out and play with it as it isn't being used properly.

    • checkmate

      I DARE THEM

    • JACKEL

      WHEN THE UN NEW WORLD ORDER TAKES OVER ,UN TROOPS WILL COME FOR YOU,NOT OURS BECAUSE THEY WILL NOT TURN ON US.THAT IS WHY UN TROOPS ARE STATIONED AT CLOSED MILITARY BASES.NOW YOU WILL LAUGH, BUT DO SOME RESEARCH.

    • Michael

      Mine already has been with a witness on tape including the policemen stating their names verifying that I do not consent to this. There was no warrant.
      This is violation better known as policestate.

  • Mutantone

    It is obvious that the courts are not following the laws just look to Georgia where Obama's eligibility was questioned the judge ruled that the based upon the evidence, which amounted to nothing from the president, was sufficient and denied the request. The same mentality was at work here as the students obviously have no rights under the Constitution and are basically non people and not accorded the same rights as an adult American this should worry everyone. Recently the Courts have denied the separation of church and state granted under the Constitution to the Catholic Church and are dead set to make Catholics the scapegoats for Obama's pro Muslim agendas, why else would he have placed Muslim Brotherhood members inside Homeland Security and in the White House?

    • ccb

      EXACTLY. !! TOO BAD OUR CORRUPT NEWS MEDIAS DO NOT INFORM THE PEOPLE OF THIS COUNTRY WHAT AND WHO IS REALLY RUNNING THIS COUNTRY. WE WOULD ALL BE IN SHOCK. I ALREADY AM.

  • kal

    NDAA and SB 1698 coming to a school near you. So much for the American dream now its the ussa eh comrade.

  • Azcat

    This argument is stupid. The lockers belong to the school for the students use. They are the students property. The school has every right to control what is in the lockers since they are held liable for any actions arising from their contents. Students of today forget they are in school to learn and they have limited rights in the school. They are children not adults, as such can not have contracts with the school. The parents are the controllers of the children, something that today's parents forget or do not want to accept, instead choosing to be their "friend".

    • KHM

      @Azcat,
      The argument is not stupid. (That sounds like something Obama would say). However, I grant that you or I may not have all the facts of the story. The lockers are the property of the school for the students' use. But a random total search without any 'probable cause' or a warrant is a police state tactic. This should be a wake-up call for all students that they have no presumption of privacy in school or anywhere for that matter.
      Just as the TSA tramples the 4th Amendment every time an American is subjected to its unwwarranted search and seizure.

    • RivahMitch

      However, property in a locked desk in an office building, though the office building and desk belong to the owner/employer, is the property of the employee in which she/he has a reasonable expectation of privacy. I'd suggest that property in a closed purse, inside a school locker, deserves the same protection. Are you suggesting that students are subjectto "cavity searches" without a warrant or probable cause simply because they're students and in school?

      • Azcat

        There is no right to privacy in a public school. It is public property. The school controls the environment as approved by the parents by way of the School Board. Your cavity search comment is juvenile at best and a far stretch from by original comment. The locker contents due not equate to one's body cavity. Nice try.

        • Bayou Castine

          Azcat; your 2nd and 3rd sentences contradict each other. [Typo?] The school should control the locker content - but not at the expense of the 4th amendment. If there is suspicion then the school and law enforcement should follow the law. This was not done. You state that "Students of today forget they are in school to learn and they have limited rights in the school." I ask you, what did the action of the school authorities and law enforcement 'teach' these children, other than they do not have the privileges of the constitution and are not thought of as citizens of the USA? Show me where there is any reference to age in the 4th amendment. Proper protocol was not followed and the wrong lesson was taught to these children.

        • RivahMitch

          Actually, the question on "cavity searches" was intended to provoke thinking about where you'd draw the line. (I guess you don't draw any line where Big Brother is concerned.) While the closed contents of a locker don't "equate to one's body cavity", they do equate to a the content of a locked desk drawer in a desk in a "public" (or private) office building. Further, there's no indication that the parents ever approved such a policy "by way of the local school board" or otherwise. Are you suggesting that a local bureaucrat or even quasi-legislative body can abrogate the rights of it's citizens?

        • PJS

          Just give them time and wait until some pervert comes along like the TSA likes to hire.

        • Cheryl

          The foundation for the public school is handled, not through government alone... we are a people... my money happens to be involved in the so-called "public school." The government should be of the people, by the people and for the people. So - the government cannot be a dictator - it's not how we were, are, or should be set up... the informing of parents (so they can choose to keep their children home if need be - I work in a public school where, if a parent is struggling with their child's misdeeds - many send them to school - so they don't have to deal with it all day...or they let the child run their lives...disaster... but, parents that want to be parents are involved, involved, involved...and informing parents is major...don't mess with the parent who was denied the part about being informed...), The warrant & informing are all indeed a part of the proper ways of working in a manner that doesn't allow policing or dictatorship, violating a person's right to citizenry or freedom - at any age .... I don't know what the probable cause for the search was, but just considering the way it was handled...shame on Missouri ... shame on the courts... find new leadership that knows the Constitution and the intent of the laws by which we are governed...or, at least , thought we were governed.

      • ScottSchoemann

        While the PROPERTY may belong to the employee or student, the locker or desk does not and therefore is is the sole discretion of the employer or administration as to the requirement of a warrant to open and search the desk or locker. It's that simple. This isnt rocket science...

    • flagtag

      I think you miss the REAL intention of these violations. It is to "teach" the children that they are to "forget" about the Constitution and their rights. It is to "teach" them to comply with ANY illegal action by "our" corrupt/treasonous government and their many tenticals (eg. police) and accept it as the "norm". I hope those parents had a LONG and informative discussion with their children about the LAW of the Constitution and how those who violated those laws of the Constitution at that school are the real criminals and should be treated as such. It was to "teach" the children that they are to be SUBJECTS, not CITIZENS of these United States of America under the traitorous regiem.

    • Othello

      Techincally the lockers belong to the taxpayer. If it weren't for the taxpayer there would be no schools! And with regards to your last sentence, parents ARE NOT allowed to disipline their children. Even when I was in grade school years ago, my teacher told me that I didn't have to listen to my parents and that if they tried to disipline me I could call the police for child abuse! AND it's gotten worse since then.

      • Azcat

        Original comment deleted by the gestapo. Nice action considering the topic in the blog. Hah. First amendment violation.

        • RivahMitch

          Apprently, you don't understand the 1st Amendment either. It limits the actions of the federal government, not those of private actors.

    • rbentrdr

      You're missing the part that says "allowed police to randomly search through all of the private possessions of any student they wanted." That's the part that bothers me. Purses and pockets not enough? Well, let's do a cavity search. How would you like your child to be subjected to that? Lines were crossed and, by history, they will push the boundaries.

      • Azcat

        What is with all the cavity search references. You folks are very strange.

      • Allen

        he is missing that part where it give the police the right to do so. it fact it isn't their i didn't see where they say a law has been broken if so the only have the right to do so with the one that has broken the law not the rest on the Student also they can't search private possessions of the other student's that is a Violate Student’s Fourth Amendment Rights but they can searched lockers because they own them (own by the school) if i had a student in that school i would take them out of that school

    • catchesthewnd

      If the lockers are RENTED as they are in most schools then the lockers are private property. Just like when you rent a room in a boarding house. It is now your room and off limits to the home owner.

    • TOO INFORMED

      Just because you send your child to a public school, does not mean you, the parent gives the school exclusive rights to do what they, the school want. What would you do when your daughter came home and told you she was forced to strip naked for a full cavity search?

      • Azcat

        Another one with the cavity searches. Strange group of parents.

    • Ray

      Right on the money, Azeat. Excellent points.

    • David

      And what they learn as Children will continue into adulthood. Yes, they should have right's as to that locker once it is assigned to them..

    • Homer

      NO STUPID: This is the same thing as a Navy/Army base on foreign soil, it is considered military property of the country occuping it for the use it is given! So ours constitution applies, and our 4th ammendment says NO Illegal search and seazure!! This argument is valid and should be fought and won!! You sound like a commie!!

      • Azcat

        The locker is school property, the cops were there at the request of the school. No rights violated. I am sure that the students were given a sheet of guidelines when the lockers were loaned that explained of the implied rights of the school over the contents. You just seem so angry.

    • Sarge

      you're right AZCAT! they shouldn't be bringing anything to school that doesn't belong there...hell, they shouldn't be doing it anywhere or anytime....they are kids...from the way some of these responses sound, the parents don't want to raise their children, they want the constitution(government for you slopokes) to do it!

  • The Traveller

    Has anyone heard of the sneaky way Obama signed and introduced the NDAA, the National Defense Authorization Act? It has completely shredded the fourth Amendment. Look it up, and you will see why public schools are NOW allowing this.

    • ccb

      DID THE REPUBLICAN ALL ROLL OVER AND DIE OR WHAT. WHERE ARE THEY????

    • Free

      Sure is true. Check it out

  • LWH

    Welcome to the PIG state of America. Everyone harps about kids needing to be taught; well I guess they are teaching them by screwing them over. Now, how many of these kids do you imagine will carry this memory forward and the stupid PIGS for the rest of their lives. To protect and to serve..........indeed! Up yours- PIGS! They never seem to catch any criminals or prevent any crime!

    • lynn and cathy

      my dad wus a cop and he wus a big crminal as a cop' or you mit say a big fat f..ing pig.

  • ray

    Sorry, folks. This is nothing new. The lockers are property of the school, and school personnel have always had the right to open them, at any time. There is no search warrant required for searching your own lockers. If you look at the paperwork provided by the school, there is doubtless a disclaimer somewhere, saying exactly that. Don't bring anything to the school that you want kept private. That is the way it works.

    • Ryan Cawdor

      Lockers may be the property of the school but the contents are not. Let's say your daughter has her purse in the locker. Do you agree it is OK for the cops to search her purse as well just because it is in a locker owned by the school (which is paid for by the property taxes the parents pay)? Since our children are IN the school can they also be stripped and searched because the school "owns" the property? Come on. And on to the parking lots....are all the vehicles subject to search because they are on school grounds? I see a Revolution coming in this country and it may not be a peaceful one.

    • rbentrdr

      The lockers, yes. Private possessions (purses, pockets?), no.

    • John

      The difference between a democracy and a totalitarian regime is that in the former, a person is presumed innocent until proven guilty. The law enforcement MUST go through all kinds of difficulties to find evidence and no "short cut" is allowed; while the latter can do anything to its "subjects" to convict without due process. This administration has contributed a lot to make this great nation tip toward dictatorship. In this case, A search warrent is an absolute must!
      Also, public schools belong to the public, not to the government or certain authorative body. We are supposed to have as much freedom and dignity there as anywhere else.
      I want to see for myself what the disclaimer part says about locker before giving an answer to that.

    • [email protected]

      When I was in High school, we were told that the school reserved to right to inspect our lockers at random. It was never a problem.

  • Walt

    Another Federal Judge bought and paid for by the Administration.

  • http://msn.com Tim k

    It's a Test run to see what well happen.

  • Say What??

    Just a "sneak peak" into what's to come....preparing our kids to accept anything from the state. These cops had absolutely NO RIGHT to do this to these kids. Again, this is only a "sneak peak"....get ready, we haven't seen anything, YET!! Now that this court has OK'd this outrageous act, others will follow suit. Why is anyone surprised???? This is NOT America, not anymore.

    Everyone should read Jeremiah 50 & 51. It's talking about America. Yep, that's us.....

    • samtman

      There is nothing in the Bible about democracy, liberty, freedom of speech and the natural rights of men and woman. Keep Government out religion and religion out of Governnment so both can survive.

  • http://ignoredrealityblog.com tony

    Welcome children ... to YOUR FUTURE ... in the United States Socialist Republic.

  • http://ignoredrealityblog.com Tony

    Welcom children ... to YOUR FUTURE ... in the United States S0cialist Republic

  • HDMania

    Karen ?? another sheeple?..

  • OLD DAD

    12Simple solution, All the parents involved need to pull their children out and boycott the school and warn the county that this violates their rights and if it is not punished that taxes will be withheld and the comunity will start its own school.

    • D Rash

      REALLY??? What taxes are you going to withhold? Sales taxes? Nope, collected when you buy? Property taxes, they will just add penalties for not paying or paying late, and most mortgages, the taxes are cillected with the payments. You will lose! Withhold taxes just don't work. What will work? Withhold your children from going to school! Since the school gets a daily payment from the feds dependent on school attendance, the school will scream "uncle" in a week. And the law requires that you send your kids to school. Do they have a jail big enough for every parent from that school. And if everyone they picked on, demanded a jury trial, (their right to do so), would tie up their courts for years. Where will the jury pool come from? The parents of the other kids in the town!

    • lynn and cathy

      YES YES. PEOPLE. parents need to pull their children out its time for" we the people.

  • NAM 67

    Obummer & the Dummycrats have been doing it for 3 years,tromping on the constitutionPeople will wake up when its to late when they take all your rights away.WAKE UP COMRADES.

  • sil9mm

    How were their rights violated? They were not in their homes. They were on public property. They no rights as far as stuff in their lockers. I pay for those lockers and so if they want to hide something in there, well they will have to own up to it. This is not some act of a police state. It's about KIDS learning right and wrong.

    • Anne_PA

      You have a point... but any search should have been done by the school, NOT the police.

      Therein lies the FINE LINE over which we should not cross!

      • ScottSchoemann

        WRONG... If contraband is found in a locker, nothing can be done about it unless the PD are the ones who find it

        • Anne_PA

          I think that would depend on state and local laws.

          However, IF there was reason enough for the school to suspect there was contraband, it should be sufficient to obtain a legal search warrant.

        • ScottSchoemann

          Wrong again, this is a FEDERAL issue as it is the US Constitution, pay attention!

        • Anne_PA

          SS: That's IF and WHEN FED law enforcement is used.!!!!

          The FEDS do not have authority over local law reinforcement law.!!!!

          Pay attention and LEARN about you seem to be shouting about.

        • ScottSchoemann

          Wrong again ignorant little girl, The constitution defines civil rights, and when you are arguing lack of warrants or if they are even needed you are dealing with FEDERAL LAW... Therefore it becomes a FEDERAL ISSUE,and the responsibility of the FEDERAL court system NOT the "local law reinforcement law" you ignorant screaming wench. It is you who is shouting with out knowledge of the subject. That also means that you too, are one of the multitude in this discussion who needs to log off and go read a book and learn something.

        • Anne_PA

          Scotty, Scotty, Scotty,

          My, my, my, you do tend to get testy, don't you? That's too bad, ESPECIALLY WHEN YOU'RE WRONG, WRONG, WRONG.

          Apparently YOU'RE not aware that each STATE has its OWN State Constitution. They DO!

          Apparently YOU'RE not aware that each STATE has its OWN State (and local municipal) LAWS. They DO!

          And sorry to tell you this, but I have been in court, and watched COUNTY Common Pleas Court judges sign search warrants FROM THE BENCH.

          And I've also been in judge's CHAMBERS, and watched judges sign search warrants.

          So, I would suggest that YOU get over yourself, stop being so arrogant and ignorant, especially when you're spouting off about things you OBVIOUSLY KNOW NOTHING ABOUT.

          You do make yourself look like the fool.

        • ScottSchoemann

          Ok ignorant little girl you just made yourself out to be the biggest ass in the discussion. First off you busted yourself out on your own posted lies by this comment. State constitutions have nothing to do with the fourth Amendment. The only time you have spent in a court is as an ignorant defendant. next Judges do not sign warrants from the bench, they sign them at their desk in the chambers, A Bench warrant is an automated warrant that is issued when a defendant does not show up in court you insipid bimbo. Stop trying to pretend you know what you are talking about and claim others are the know it alls So listen closely you arrogant little school girl, go tell mommy that the big mean old US Deputy Marshal is about to come and knock on your door and talk to them about not supervising their juvenile delinquent who knows nothing about Constitutional rights and state constitutions that do not define the rights of citizens. just the operations of the state. Got it LIAR?

        • Anne_PA

          Now Snot, you're having yet another temper tantrum! So much name calling... and I bet you're stomping your foot too.

          Yes, you are at least right about one thing... a "Bench" warrant, is usually signed by the judge when the defendant does not appear, and when he's physically sitting in court. Good for you, Skippy.. But that's not the point or the issue.

          During the time I worked for two judges I recall two occasions when they were sitting ON THE BENCH, and were asked to sign search warrants because TIME WAS OF THE ESSENCE, and on each occasion, the judge who signed the warrants were immediately available (or at least able and willing to disrupt the proceedings in their courts.)

          You see, state and local law enforcement does have the authority to "search" and that authority comes from state and local laws. And just to help you out...

          Search Warrant Basics Pennsylvania http://articles.directorym.com/Search_Warrant_Bas...

          "A Search Warrant is an issued court order where a judge or official allows authority, usually POLICE, to do a physical search on a suspected criminals property to look for and confiscate evidence to a crime. Usually authorities must acquire a search warrant before conducting a search and seizure. A search warrant is obtained by the authorities providing probably cause that the person is being unlawful. Probable cause is needed because of the 4th Amendment, which protects peoples right to privacy."

          You'll notice that it says, "... allows authority, usually POLICE, to do a physical search on a suspected criminals property to look for and confiscate evidence to a crime."

          Perhaps I should repeat that for you since you're not a quick learner.

          "... allows authority, usually POLICE, to do a physical search on a suspected criminals property to look for and confiscate evidence to a crime."

          In fact, each STATE does have its own rules and laws regarding search warrants, provided they to do not violate the 4th Amend, which btw, ONLY STIPULATES that a search warrant must be obtained to SEARCH SOMEONE'S PRIVATE PROPERTY. The HOW and detailed rules/laws are left up to the STATES and LOCAL LAWS.

          Bet you feel pretty foolish now, don't you? That's okay. I've read other incredibly stupid comments of yours on this site, so you should be used to feeling foolish.

          But, you REALLY DO NEED to learn how to work and play well with others!

        • ScottSchoemann

          You are really stupid if you think paying fines for prostitution is working for a judge, or did they pay you? You see little Liar, you have made so many screw ups and stated so many flagrant lies that it is IMPOSSIBLE that you have done anything more than baby sat or got on your knees for a judge... you see if you knew your ass from a whole in the ground you would know that seach warrants are governed by the US constitution not by the states What a lying embicile, that is WHY this whole discussion started you idiot!~ your lies are just digging a deeper and deeper hole for you, and you notice even your :friends: have bailed out on you...

        • ScottSchoemann

          By the way next time if you want to pretend you are the real thing you MIGHT try quoting STATUTE not search warrants for dummies

          Your one upsmanship is given away by claiming that you HAD worked for two judges... if YOU HAD, you would have been put into the clerks pool and still been working for a judge... what a moron...

        • Anne_PA

          Oh and Snot.... your apology is accepted! ;-)

        • Kayle

          Sorry sir but YOU are wrong. If they were to find contraband in a locker, the police need to be contacted.

        • Anne_PA

          Kayle: Yes, YOU are absolutely CORRECT.

          SS seems to be very much misinformed.

        • ScottSchoemann

          If the police do not fid it themselves they can not make any arrests over it as the student does not have exclusive access to the locker as proven by the administrations access to searching it. When the it is found by law enfocement the chain of evidence custody is created, figerprint evidence is protected and a legal case can then be pursued without issue. You logic is flawed. Just as Anne_PA's is...

    • StevenI

      You have no rights! Obama is your master slave. And how to conform to a police state. Under the NDAA, they no longer need a search warrant or reason to arrest you. They can hold you indefinitely without reason.

      • Say What??

        They can send your butt to another country, indefinitely, too. Gitmo was another "test run", to see how far they could push that. Well, hopefully, we all see.....everything that was done in Iraq/Afghanistan was simply a test run, before being done to citizens in America. Sickening........

      • ScottSchoemann

        Stop being a fool The school is not the students home they have no right to expect privacy there.

        • EdinNOLA

          Whether or not the locker is their home, even children have a right to expect some privacy, as does any citizen. The Constitution certainly does apply to them, and the only way that this procedure can be legally justified is via a search warrent, signed by a judge and listing why and for what the search is being made. The inside of that locker is no more public property than is the inside of your house. I would have to say that it is a fool who would willingly submit to tactics such as this for ones self or ones child. These are police state tactics without a doubt - and for a judge to just go ahead and condone such a Constitutional violation is unconcionable. That judge should be impeached - he is sworn to uphold the Constitution and not doing so is a crime.

        • ScottSchoemann

          WHere do you get this nonsense? The students dont own the School, therefore they have no exceptional rights there. their right to protection from unreasonable search and seizure is limited to their homes and CONDITIONALLY to their persons and motor vehicles and nowhere else. There is no violation unless the School's administration said no to the searches. Come back to the discussion when you get a law degree...

        • Kayle

          You should take your own advice and get a law degree. What planet did you learn about your rights on. You obviously need to go back to school to relearn all of this because you are way off on this one. I certainly hope you never manage to buy your way into a public office because that community would really be in trouble.

        • ScottSchoemann

          Time to grow up Kayle, I can walk you through every step of this situation and explain how it works, but being the screaming and insolent liberal that you are it would be a waste of my time. It's obvious I've got substantially greater professional training on this than you do, so do yourself a favor and STFU before you continue to embarrass yourself. This is why liberals should be fored to live in an opressive nation before being allowed out in public...

        • Anne_PA

          Okay Snott, here's the 4th Amendment.

          "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."

          Exactly where to you come up with, "and CONDITIONALLY to their persons and motor vehicles and nowhere else.

          Perhaps YOU should come back to the discussion after you've passed 6th grade Civics class.

        • ScottSchoemann

          Since when did school lockers become houses you insolent little Wench? "houses papers,and effects" lists a heirarchy describing their home and contents, NOT the school you ignorant tramp... Since their motor vehicle is not listed and the US Supreme court upheld Terry V Ohio, that a n officer has the right to seach any person they are dealing with to ensure their OWN safety during any reasonable stop, the term CONDITIONAL applies you insipid MORON. LOOK IT UP TERRY V OHIO... God I HATE ignorant MORONS! What a phuqucking know it all!!!

        • ScottSchoemann

          Once again you prove that you are a FLAGRANT LIAR with NO training what so ever, not even a highschool diploma... Per your probation officer none the less

        • Anne_PA

          See above...

          I happen to have TWO (2) Masters degrees (both from an excellent university!) and a Paralegal BA, also from another very well known an respected university.

        • ScottSchoemann

          No you dont... you have proven that fact by your lack of knowledge of how the Constitution dictates federal state and local law enforcement actions. As for your masters, the fact that you claim two, proves your lies and inferiority complex, by claiming double what is reasonable, an act that is typical of the criminal mentality. So Prove yourself right now where are your disertations on file, what are the titles, and what are the registerd dattes on them? You are either going to prove yourself or will be banned as the fraud you are... time to put up or shut up liar.

    • Guest

      Don't you think it would have been nice to know why they were being searched? No one is denying the lockers are on school property which by the way exists due to the tax payers which of course makes the school lockers the property of the tax payers.....the teacher's salaries are paid for by the tax payers as is the salaries of the police and the politicians, etc. etc. I mean, if you want to split hairs about it everyone really works for the tax payers and as a tax payer, they have a right to know why this took place. If they don't get the answers, they need to remember this fiasco when their school board, police and local politicians are next running for office and they should make it perfectly clear to these people that they will be replaced. The only punishment these types of people understand is to lose their prestigious positions in their communities. The people have to unite to prevent this from happening again.

    • Say What??

      What planet are you living on? Homes are next...this was only a test run!! If the courts rule it's OK for this to be done to students at their school, then homes are gonna be next. I'll bet you think there's no food shortage, or unemployment is at 8% too? WAKE UP!!!!!!

      • ScottSchoemann

        What planet are YOU living on? Or is your crack dealer a highschool student?

    • Tom

      Following your logic; say you are in a public building they can strip-search you just because they feel like it! Maybe even a body cavity search right out there for everyone to see. You got nothing to hide, right?

      • ScottSchoemann

        the question is were the students searched? the article doesnt say that, so you are either psycic or psychotic... which is it?

    • flagtag

      Maybe you are right. The students shouldn't use the lockers at all and carry everything with them - in backpacks or whatever. (On their person). (BTW: the STUDENTS at our local schools have to pay for lockers if they want to use one. It isn't paid for by state money (our taxes) so that argument wouldn't hold true here)

      • ScottSchoemann

        If a student RENTS a locker a balement is created and despite what the school may think, a warrant is then required to searh them as they are leased property and are considered "private" as far as the Fourth Amendment is concerned... Something that should be brought up to the school board before they find themselves in the heat of a civil rights violation suit

    • Calvin Sibert

      sil9mm, ya right and wrong, like the fact it is wrong to illegally search someone, duh. Just because the liberals WANT this country to be like Europe doesn't mean we let them have their way. That said, public schools are the worst places to send a child.We should start worrying about that. Stop indoctrinating our kids and get back to educating them.

      • David

        Calvin is correct. The schools now are nothing more than big baby sitters for lazy parents if you can call them parents. You can't "touch" a child in any way, NO DISIPLINE is the key now days and look at what the liberals and liberal government have created. Back in the 50 thru the 70 when I was in school there is no way the schools would put up with this kind of action from students. They are still children NOT ADULTS and need to be treated as such. Spare the rod and they have spoiled the child, parents too.

      • ScottSchoemann

        You are absolutely WRONG. First off the article does NOT say STUDENTS were searched... that question needs to be answered yet. IF contraband is found in their locker, it gives a LAW ENFORCEMENT OFFICER (only) the probable cause to seach said student, as well as any other who acts up, under Terry v Ohio... Look it up.

    • El Guapo Viejo

      How were their rights violated? The police had no "search warrant." In order to get a "search warrant" the police need to present "probable cause" to a judge to get said "search warrant." The warrant has to say what evidence--illegal substance or article suspect to find and what they are allowed to take as "evidence" that some crime or illegal activity has actually been or is expected to be committed. It can not be a "fishing expedition" to see what can be turned up. Yes, you may have helped pay for those lockers but they are school property which is assigned to the students to keep their things safe and secure. Having the cops come in and violate the kids fourth amendment rights, just because they wear a uniform and badge doesn't seem to be a good way to teach kids right and wrong. The best way is for the officials to follow the law of the land and set a good example for the kids. Sounds to me like the kids got bullied by the school officials and the cops.

      • ScottSchoemann

        Since when is the school the students property? it is not. The responsible authority for the school can authorize or even REQUEST the search. no warrant required it is called complying wit a reasonable request. It sounds to me like you are just a complainer who has no want or worry about the safety of the students who are not a bunch of drug running ethnic gang bangers

    • David

      Exactly, I have been out of public school for over 30 years and we had random locker checks back then. It is a PUBLIC SCHOOL with PUBLIC LOCKERS and there is no privicy in anything called PUBLIC! The authorities no matter who they are can look in a public locker any time they want, for no other reason than a SECURITY CHECK and in these days that might not be a bad idea. There is no POLICE STATE involved in looking and checking in PUBLIC SCHOOL LOCKERS. If there is anything found illegal in the locker, it should be taken right then and the student delt with shortly after. That is the law and that is the way it should be done.

    • helocast

      Right. Without the complete facts, it is impossible to state that there was a violation of the 4th Amenndment. It has long been held, way before the ruling in question, that a student's ASSIGNED locker is the property of the school and NOT the individual. Additionally, that what is in any locker may be searched, as long as the SCHOOL has given the permission. So, until the actual facts of the case at hand are known, no reasonable person can make a judgement, one way or the other.

      • ScottSchoemann

        you are making a bad assumption, helocast, and that is that we are addressing reasonable people. It seems that for the most part we are confronting those who are responsible for the downfall of the country, in that they have no clue where one persons rights end and anothers begins,,,

    • Teacher

      "In Loco Parentis" - It is a common fact that when students are at school, the teachers and administrators are responsible for them. Just as a parent can search anything their child has in the ir own home, the school also has the rights and responsibilities of parents. --- Let's take this another route. --- If a child, no all children, were allowed to bring anything to school (i.e., weapons, drugs, alcohol, etc.) and a child gets killed, drunk or high..... how many lawsuits would occur. ---- If parents don't want their criminal children to be searched, they should either home school them or transfer them. If a parent has a child that's doing nothing wrong, then the search is not a problem.

      • ScottSchoemann

        Bravo Teacher, Bravo! Sadly the only ones who understand this are those of us who are arguing along side you, not those who think the little darlings are all innocent. Personally i think the lockers should be checked daily, I want my daughters SAFE, not at risk of life or limb...

    • boomer8

      Which part of The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated........" did you not understand??

      • ScottSchoemann

        When did a school locker become a house? Answer: It never did, therefore it's contents do not qualify as papers and effects. You will note that the article does not state that the students were searche in their "persons"...

    • grams2

      Your homes are next. This is just the beginning.

    • Kayle

      You obviously know nothing at all about peoples rights. Children have rights too and your rights apply regardless of where you are. If the school suspected that there was contraband hidden in lockers then they should have followed the law and contacted the police and the police should have gotten a search warrant. Go back and re-read the 4th amendment and if you still don't understand it, go back to school...

    • LiNDA

      You are incorrect. We have the right to protect our personal bodies and belongings the same as our homes......nomatter where we are.
      Of course Obamination is doing his best to take all those rights away from us.
      What possible right or wrong did this teach the kids? Which kids did anything wrong?

    • Susi

      If Parents don't start taking back their schools from Unions and Runamuk Politicians our kids are going to be so misguided we might not be able to repair the damage. Teachers are no longer accountable for anything. Hell they don't even have to have a teaching plan or follow one anymore. It is embarrassing and disgusting. Wake up Parents and Start fighting back. Stage a walk-out if need be. Make them earn their pay like our parents and we do.

  • Holland180

    The youth of today needs to respect the enforcement of law and to learn that they will be caught and punished for unlawful possession of things that do break the law. Otherwise they just keep getting bolder and more defiiant and look for ACLU type orginazations to protect their law breaking activities. When I was growing up any adult could take me to task for wrongful behavior. Today it is a sad state of affairs and whats the big deal of having the students searched while in school. When I went to Catholic school it happened every day and I got punished and slapped around but never if I did nothing wrong. What a great education and respect that developed in me and everyone else that went through the same schooling.

  • http://ignoredrealityblog.com tony

    can't post. the PC police keep blocking the word "S-0-c-i-a-l-i-s-t or R-3-p-u-b-l-i-c or both

  • Samuel Clemens

    This whole article has a smell to it. Did the school officials come to school and say "Lets have a lock down & search everybody for fun." Good journalism will state the probable cause. Instead the article say " the officials gave no probable cause." It's as if the article does not want to address the issue of probable cause.

  • Mr. Causey

    What do you expect? Stop sending your children to government indoctrination centers.

  • Anne_PA

    Unfortunately, WE ALL contribute to this when we line-up to go through the Full Body Scanners or go through a perverted pat-down before we're allowed to get on an airplane... (and soon buses and trains!)

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

    This will not change until EVERY traveler has a copy of the 4th Amend. on their person, and DEMANDS to see THE SEARCH WARRANT by which the TSA otherwise violates our 4th Amend. protection.

  • Joe

    the dept of education needs to be abolished.

  • toto

    Definitely not enough information in the article. What prompted this action in the first place? For me, it depends on the seriousness of the situation. Were they are looking for a possible bomb or weapons? One can not make judgements without all the facts. Definitely think 4th amendment rights are more applicable to adults than to minors. That is something else for another discussion and depends on parental consent. The laws are being twisted and screwed up for the sake of political correctness and political agendas, and no longer have relevance to common sense upon which common law was founded.

    • NymRod

      One thing missing is the name of the judge which seems to always be left out when a decision such as this has been made.

  • Tom

    All the Parents should take their children out of school, until a law suit is settled. If no suit, then find another school, or start their own..If they let them get away with this, then next will be their homes and body cavities..Maybe the whole town/city should take their kids out of school. Have a recall election of the school board, etc. FIGHT! Don't wait till it's too late, or ends in violence...

  • GIVEMEFREEDOM

    If the school administration and police had received a text threat from a student with a bomb exploding it in 5 minutes, what should the police have done?

  • http://Uvote.com Life Liberty and pursuit of happiness

    The consitution the our founding fathers gave us is what gave US citizens the right to life, liberty, and the pursuit of happiness. If we the people allow the "guardians" of our laws to ignore our laws then we we are allowing our freedoms and rights to be given away?

    Are you Ok with telling your grandkids how Americans used to have rights but, your generation gave those rights away?

  • StevenI

    Conditioning them for the coming Police State of Socialism. Welcome the NWO!

  • DogWithoutSlippers

    Weapons, drugs, what? If so, then an on site inspection is prudent - also enforces in young people that the 'rules are the rules' and that they can be drugged tested with no notice when most of them are eventually in the workforce!

  • stevor

    Kick out the principal who allowed it. I'm a high school teacher and WOULD PROTEST that happening at my school

  • " TOMMY GUNNER "

    I think that you will find that this has been decided in the past. Students, teachers,employees, and anyone who uses lockers or 'free' public storage areas in 'Public Facilities' are not protected under the 4th Amendment. School administrators ( or Police at/with administrators approval/ request ) CAN search school property. Lockers are school/publicly owned property in most cases ( not rented/payed for by the user) therefore are not provided the same protection of the 4th Amendment as would be expected for one's home or a rented storage area.
    You don't have to like it ! But ignorance of the law and the way it is applied is no defense/excuse.

  • Ultor

    "Unalienable Rights" are today, written as "inalienable rights." The difference is huge. "Unalienable" means rights that no human has a right to relinquish because of there origin. "Inalienable" means rights that cannot be taken by another man, thus the rights that are "inalienable" come from man. The framers realized that people had always been subject to the imposition of being recognized as "subjects." The American experiment was the only time in human history that a government of, by, and for the people meant that the government was “subject” to "it's citizens,” in other words, the government of the US was to be the "subject," not the other way around. Hence, the differentiation between negative and positive rights, lovers of despotism and manipulation prefer “positive rights” – lovers of liberty and self reliance prefer “negative rights.” With "unalienable" any person who allows the imposition of another person or government to dictate over the "individual (you)” has already sinned, by allowing the imposition in the first place. Since the progressives of the early 20th and late 19th century took over academia and then the judiciary, the terminology (as slight as it may seem) has meant the destruction of the individual and the construction of the ideology of collectivism.

  • JMJ

    It seems that we ARE NOT GETTING all of the facts, which can make for some very dumb remarks. Now, why was the school locked down? The lockers are school property & can be searched anytime, but, they cannot search the children unless they have a just cause & only the ones that are suspect; of course, all of the kids might be carrying counter-ban such as chewing gum, which would make them very dangerous. Before such an article like this goes on-line all of the information should be checked out. Look what happened to so many pro-lifers that were thrilled about Komen & it's "cutting" it's ties to murder, inc.. Hardly anybody even read the complete statement or just ignored the parts that they wished wasn't there. +JMJ+

  • Mary

    Mary

    That is why we need to kick out a lot of judges..They are not fit to be dog catchers.Every parent should sue the school.esp
    the parents of the young boy playing tag.Discusted school,need to all being fired.

  • Frank

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

    I see nothing in there which negates the right due to the age of the person, or which negates the right because the person who was searched happensto be on public property. Your "person" is yourself. To search a student without probable cause is a violation of the spirit of this right.

    If you allow this kind of unjust searching of students at public schools without probable cause, then every American will be subject to a strip search the moment he or she steps off his or her property. That's insane.

  • Tom

    It is libral idiot adults that believe KIDS!!, those under the age of 18, in SCHOOL!!!; not college have so called rights. That kind of thinking is what allows guns in school, drugs in school, ect!!! The only rights a KID has in school,is, Have lunch, talk to school authorities, be protected from violence; which helps if police check lockers; duh!!!
    When kids graduate to adults and go to college; different story....Tom

    • NymRod

      I don't see anything about age of persons in the Fourth Amendment to the U.S. Constitution.

  • rbentrdr

    This isn't new, but I've never heard of a whole school being searched. This was going on in the late 60s, early 70s to the "long hairs". We were told we didn't have any rights.

  • Walter Bowen

    Well, well, well! I know the school owns the locker--each student has probably received some kind of notification that the school has the right to search their individual locker. I have even seen where Drug/Bomb sniffing dogs have patroled thru the hallways during classes, but this takes the cake! I would make this a point to bring up at the School Parent-Teacher scheduled meetings to get these searches irradicated/outlawed. If there are no scheduled meeting well make a scheduled meeting with a direct Business Agenda about the irresponsible abuse of the school and police abuse of power!!!!! I would even make it be part of the Business Agenda to outlaw these searches without a warrant and put that in the Municipality By-laws!!!!!! "SEVERE TOTAL STUPID LUNACY!!!!!!!!"

  • J. Keen Holland

    Everyone seems to be missing the point.

    If the state law in Missouri is like that here in Pennsylvania, the objections to the searches are without foundation. The school is in loco parentis and may treat the children consigned to its authority as if the school was the parent except where the state restricts the power of the schools.

    Here, the power of the schools has been taken to such extremes as taking middle school girs out of school for gynecological exams without parental consent and even to issuing citations to students for underage smoking which occurs off school property and after school hours.

    Separation of school and state is the only answer. This allows parents to negotiate how much control over their children parents are willing to cede to a school.

  • wanda z

    I am 72. Small town school. Lockers searched randomly and didn't think a thing about it...neither did my parents. It's all PC now until a child gets shot or poisoned by contraband . Then all hell breaks loose. You can't have it both ways. Kids lockers should be searched. Until kids have the ability to think clearly and logically, someone needs to be looking out for possible danger to them and other innocents that may be involved. After they become adults...no!...the law should kick in. Step up to the plate parents. You are abdicating your responsibility.

  • Jeff Miller

    What kind of reporting is this? What's the name of the case? Which federal district court was it. Who was the judge, and who appointed him? Was there any more to this case than you're telling us?

  • D Rash

    WHO OWNS THE LOCKER? THE SCHOOL! So, if the "owner" gives the polic permission to search "their" lockers, no law is broken. Now, if the school charged a fee to use the lockers, then permission would need to be obtained from the "leesee, ie: the student"! Since presumably the lockers are not "leased", it would be totally permissable and legal for the police to search the lockers with the permission of the school. Now, searching the kids themselves, that is a completely different matter. Police HAVE THE RIGHT to search a suspect for contraband and weapons, in the name of public safety. But, they must have probable cause to make someone a "suspect" to have the right to search the persons, the students, at the schol. I think the locker search was completely legal, and any person search would be illegal. Another point would be that the parents of any "suspect" minor students would have to be present. Apparently they were not! BUST THE COPS, and appeal to a higher court, over the personal searches. The locker search should stand.

  • TXgrandma

    You can bet they would not do this to the left wing mob now invading our streets and cities. Those thugs have all the rights in the world and can break the law without any consequences whatsoever. Our standards are now teaching our youngsters that it is ok to be a mobster but not a student trying to get an education without interference from politicians.

  • Othello

    This is only going to get worse. Next, the police will be coming to your homes and search your private/personal possessions.

  • David in MA

    As our arab friend say...
    cut the head off from the snake,
    in this case the illegal black snake
    sitting in the presidents chair.

  • Uncle Josh

    Some of you people need to stop coddling these little misfit kids that you haven't taught anything. Let them get used to, and see the real world for what it really is. When they leave home, you won't be there anyway to kiss their asses.

  • trp878

    Another red flag for support of the direction we are moving toward a Totalitarian Govt. All 3 branches of the govt. (Judicial, Legislative & Executive) are doing their part in this movement. Time to "Throw All the Bums Out". This may open a few more eyes of more of the "Nay Sayers". Let's get it going.

  • Bayou Castine

    Azcat; your 2nd and 3rd sentences contradict each other. [Typo?] The school should control the locker content - but not at the expense of the 4th amendment. If there is suspicion then the school and law enforcement should follow the law. This was not done. You state that "Students of today forget they are in school to learn and they have limited rights in the school." I ask you, what did the action of the school authorities and law enforcement 'teach' these children, other than they do not have the privileges of the constitution and are not thought of as citizens of the USA? Show me where there is any reference to age in the 4th amendment. Proper protocol was not followed and the wrong lesson was taught to these children.

    • ScottSchoemann

      You're not too bright are you? the school is not the student's property and as such does not qualify as a place secure from search... THAT is the basis of the arguement , not the garbage you are attempting to spew

  • Ann Wilson Kingsley

    School administrators themselves used to search school lockers when there was a problem back in the 1950 - 60s. If school administrators thought there was a problem developing, a search was standard procedure. They confiscated anything evil, from slugs that were being used in coke machines to switch blades. Students were not allowed to keep locks on lockers. School officials need to be able to monitor student activity to keep it from going over the top, but I can remember an incident where a teenager knifed his cousin with a switchblade in a friendly scuffle in the restroom, and this was in a small town school. Switchblades were banned at school after that, but pocket knives were allowed because they are essentially a tool. Schools have to be able to keep students reasonably safe and maintain enough discipline to teach. Consistent troublemakers were expelled for good. Getting police involved would entail actual criminal activity not ordinary fights.

  • http://www.usaqh.com KingP234

    Take your children out of the public school system before it is too late !

  • Doc

    Students do not lose their constitutional rights at the schoolhouse door! A search has to be based on a cause
    otherwise we will have a totalitarian state. Your car is on a public highway but it cannot be searched without
    probable cause unless the authorities were in immediate and hot pursuit. Don't quibble you rights or anyone
    else's rights away. They were hard earned and hard to keep. This is not over yet!

    • ScottSchoemann

      "Your car is on a public highway but it cannot be searched without
      probable cause unless the authorities were in immediate and hot pursuit"
      You are laughable... an illegal lane change is probable cause, not pulling over and giving right away to an emergency vehicle fast enough is probable cause, even "acting suspicious" or weaving frome side to side of a lane is probable cause to search a motor vehicle, ask any lawyer. As for a school search? all it takes is the principle calling and asking for one on grounds of narcotics abatement or suspicion of gang activity... you really need to learn of what you speak. You NEED to learn what your rights ARE and when they step on someone elses they STOP. there is no expected right to privacy in a school locker and THAT is a fact.

  • mari

    I am a retired teacher and such searches were conducted for drugs and weapons. You'd be surprised how many weapons were confiscated when these "random" searches were conducted at my school (a high school). They did not actually touch the kids property, they ran the wand over it and sometimes had drug dogs in sniffing back packs and lockers.When we enter courthouses we have to pass through a metal detector. It is a sign of the times and the fact of it intruding into our schools is that parents are always in the dark about what their kids are doing. The "I never dreamed my child would do such a thing!"

    • tammy

      I SHOULD NOT BE FORCED TO PAY FOR THEIR EDUCATION FROM CRADLE TO GRAVE THEN. PROBLEM SOLVED.

      • tammy

        I WONDER IF ANYONE COULD TELL ME WHY WE HAD LESS CRIME AND A RICHER MIDDLE CLASS WITH A FAR MORE SUPERIOR EDUCATED PEOPLE WHEN WE FOLLOWED THE CONSTITUTION? "THE FORCE" OF GOVERNMENT AND ITS INCREASING TENTACLES SEEM TO BE MAKING MATTERS WORSE, MORE DIRTY AND LESS MORAL.

        • ScottSchoemann

          BECAUSE BACK THEM PEOPLE LIKE YOU DIDNT PITCH A BlTCH WHEN THE LOCKERS WERE SEARCHED (almost evey month), PEOPLE WOLLAPED THEIR KIDS WHEN THEY DID SOMETHING WRONG INSTEAD OF INSISTING THEY WERE INNOCENT, AND PEOPLE DIDNT SCRAM ON THE INTERNET LIKE YOU ARE DOING!

          Get the point? DAYUMNNED cap typers

      • ScottSchoemann

        Why should WE have to deal with YOUR juvenile delenquent? Our taxes pay for their incarceration, I say just shoot them and save the cost of the trial too, does that sound reasonable? Its a hell of a lot more reasonable than you are...

  • tammy

    We have not lived in an American America for a very very very very very long time. If we elect Ron Paul this country can rightfully display the constitution again. OTHERWISE WE"RE BLEEDING HYPOCRITES too stupid to even explain who we are....let alone be proud of some un-declared war half way across the world that has cost more money than we are able to literally pay. THIS IS EACH OF OUR FAULTS for not living what we profess.

    • ScottSchoemann

      Ron Paul is almost as delusional as you are

  • http://www.kidon.com/media-link MalikTous

    One thing is an 'announced and planned locker inspection', or a search with a warrant for real probable cause; another is 1930s Germany goonsquad tactics. I'd have pulled my kids permanently out of that school district and either homeschooled them via Internet or put them in a private school that respects their citizenships.

    • ScottSchoemann

      there is no legal need for a warrant to search school lockers as the school is not private property

  • http://www.facebook.com/marliio Marlio Conner

    The principal was obviously not trained, regarding the Constitution in the Univerisity she attended and should be removed for violating the 4th amendment.

    • ScottSchoemann

      you were never educated at all, even the sixth graders in our school district understand the difference between private property rights and public property. Hows it feel to be dumber than a sixth grader?

  • Dean

    Look up "National Defensw Authorization Act" and "Amendment 1032" on Google and see what you wonderful government did to the 4th Amendment of the Constitution.

    • Dean

      It is "Defense" and "Amendment 1031" not 1032.

    • Kayle

      Our federal Government itself is illegal.

  • Erich

    Take it to a higher court, what a joke. #ell our whole court system is a joke. The Judge in Georgia said Obama is a natural born citizen, because he was born in Hawaii. So any anchor baby can now run for president? When the #ell is this going to stop.

  • Patrick Duffy

    First these parents give their children over to the government to indoctrinate them, and then they complain when the government searches them? What's worse, the left-wing propaganda, anti-God, pro-communist, pro-abortion, pro-sexual promiscutiy agenda of the government-run public school system, or a search? What really should be happening is the parentsl burning down the school and rebelling against the tax system that set it up in the first place.

  • tammy

    The police are TO ANSWER to the PARENTS....WE ARE THE ONES WHO PAY THEIR PAYCHECK....which is why they by PROXY OF A COURT ORDER (the people's court) MUST GET PERMISSION TO DO SOMETHING AS SERIOUS AS SEARCHES. The whole REASON of the Constitution is to KEEP A GOVT IN CHECK to know who is the BOSS.....the people who are FORCED TO PAY FOR THEM. GOD WHEN IN THE HELL CAN THE BRAIN CELLS COME BACK. GET OFF THE FLOURIDE PEOPLE.....you are no better than the drones sent out to kill. This country has become MENTALLY RETARDED. http://www.naturalnews.com/030928_fluoride_mental...

    • ScottSchoemann

      tammy you are so ignorant it is pathetic... you do not sign the paychecks of any cops. you ONLY PAY TAXES, your arguement does not hold water, if it did, it would be a complete conflict of interest and would nullify the effectiveness of lawenforcement. Talk about stupid!

  • psyco

    Think of it as a test sight, for future searches of your private residence without a warrent. And, they indoctinating your children for a goverment that will use the police to violate other Constitutional Rights.

  • Tom

    The school doesn't own that locker, I (as a tax-payer) do! I didn't give the police permission to search it! The student does have a reasonable right to privacy otherwise it would not be locked. If the police have probable cause and a warrant then they may search the locker(s). Why are you lemmings so willing to give up your right to due process for a false sense of security? My child's privacy is protected too. I can't see why you feel it prudent to allow your child to be molested in the name of security.

    • ScottSchoemann

      Wrong Tom, the Corporation, nown as the municipality that you pay taxes for services rendered, owns the school. another person who lacks commensense, shooting off their mouth needs to take their foot out of their mouth.

  • Gunny

    the nazis (cops) have way too much power, they need a lesson

  • geordie

    Welp...All i can say is if my Kid was in that school...EVERY PARENT Should go right in and Speak OUT LOUD and Firm about this..Plain an simple..I wouldve went right to the Principle and snatched him or her right up and demanded a explanation,apoligy Ect..You cannot just say..Oh its ok or those rotten suckers..You need to speak out hard.

  • catchesthewnd

    I call for the resignation of the chief of police, the management element that authorized the raid, the element that planned the raid and the principle et al of the school that allowed it. Nuff said.

  • TOO INFORMED

    A school locker is assigned to the student and remains his/her PRIVATE property. When you go to the gym, is YOUR locker subjected to a search? I have a concealed weapons permit and sometimes I store it in my locker. THAT LOCKER IS MINE!!!

    • ScottSchoemann

      WRONG... what a moron, do you make up all your facts in every arguement? READ THE SCOTUS RULINGS ON THIS.

  • Bess Servdkold

    Springfield parents,
    Grow some stones and keep your kids out of this school until the decision is reversed. Fire the superintendent and the school board. March on the court and picket you asses off. Get your wallflower Congresspersons to take up the cause. Get vocal and get pissed off!

    If you roll over now, the next step is planting evidence in your kid's locker. You have been warned

  • MontieR

    The problem is the kids do have rights. to commit a search like this IS illegal. The police have to have probable cause to do ANY search. The police can search a single locker IF the student was under suspicion. They can't search an entire school unless a
    bomb threat or some other emergency occurs.

  • Triggerslim

    There is no expectation of privacy in a PUBLIC school, it is not thier home, they do not own anything there. There is no expectation of privacy in the school bath room, therefore how was their forth amendment violated? you people need to grow up.

    • Bess Servdkold

      Police and other legitimate agencies can, with probable cause, search lockers. They can not however go through the personal belongings such as pockets and book bags without a warrant and they can't go on a fishing expedition.

      • Triggerslim

        In many states police on colleges and school campuses has the same authority as police in our local counties and cities, so I don't know what makes you think they need a warrant to search someone or their book bag?

        • ScottSchoemann

          Triggerslim, without probable cause a warrant IS needed to search the person or their bags and pockets, that IS a legal fact. Even under Terry v Ohio, a cop cant do random searches of PEOPLE, only as it pertains to a reasonalbe stop. AS for random searches of lockers, no cause is needed IF the administration requests them. Infact they can request a complete and full search if they want, as can the local YMCA or private health club or gym. However that rarely happens as that would cost memberships.
          Too many people here IMAGINE their rights extend far beyond what they do. Searches of property do not extend beyond your own property, and a school or gym is NOT your own property. HOWEVER a dorm room being a RENTED DOMICILE IS classified the students property as they LIVE there. But they do NOT live in a locker.

  • David

    This make me very ANGRY!!!!!

  • gideon65

    I was the supervisor of Security for a large school district for 15 years. The district lawyer claimed that since the school lockers used by the students belonged to the district and not the students the students should not have an expectation of privacy. This was the reasoning used for searches of lockers. They seldomed searched lockers, I think, because their argument seemed shaky to me. However, I know many districts used this same reasoning. We as a nation have been ignoring or ignorant of the Constitution. The most egregious offenders are our elected officials who trample the Constitution more often than not.

  • ONTIME

    Anytime a government entity is involved in any project, institution or entitlement, you can bet they will use their position to command and regulate, it is the nature of government to grow it's agenda and consume. When government is involved if they giveth, then they can and will taketh away.
    We have the biggest, most expensive and intrusive government this country has ever been asked to support and the time has come for it to be put back into proportion, perspective and Constitutional boundries.......a government that governs least governs best..TJ

  • francis28

    As a 4th grade teacher, I have searched lockers of students for missing library books ( probably misplaced) and things students said were missing, "stolen" , homework, usually with the student standing there. I certainly hope I was not doing anything wrong as I was trying to help!! What about little kindergartner children. Is a warrant necessary? Come on!

    I called the mother sometimes to come up and search the locker. Is that okiay for parents to do?

    If you are in a country school ten miles from a town, and the town doesn't have a police force, then what?

  • Sinner

    Incomplete story!

  • tammy

    Long story SHORT for the feeble minded. JOHN LOCKE loved God. He was an Englishman and whos writings INFLUENCED OUR FOUNDING FATHERS. But JOHN LOCKE did not believe we could FORCE men and have a FAIR or GOOD society. There are had to be boundaries. Boundaries both on individuals in how they could treat the world around them and boundaries on GOVT on how they could rule over us. THE WHOLE CRUX.....the WHOLE POINT was to create a place where the MORAL ROSE TO THE TOP of GOOD LABOR THEY HONESTLY PUT FORTH and BE SAFE. http://www.chuckbraman.com/Writing/WritingFilesPh...

    • ScottSchoemann

      only from you could we expect the totally irrelevant arguement, and improperly applied to boot, Under Lockes philosophy the law had to be harsh and brutal to ENFORCE moral actions, He also believed in burning witches at the stake,,,

  • Jace777

    First, there is not enough information in this post. Why was this search conducted? But as it is stated in this post, in the state of Florida, before a child enters a public school building it is explained to them all lockers, backpacks, and purse's are subject to random searches. If you don't want it searched, don't bring it to school. In this day and age, with children bringing guns and or drugs to school, we are left with no choice but to search. A minor child does not have the right to call upon the fourth amendment, there parents do for there person's and private property.

    • ScottSchoemann

      Under the US Constitution a perso is to be free from unreasonable searches, this includes purses bookbags and back packs, but does not include lockers. I went through this with the Local Superintendent, and the school districts attorneys as the result of unlawful searches being performed at the order of the local (former) middle school principal, which is why he is now FORMER. This is a civil rights matter, Only the police can search the student and their bags, and only if the bags are in their immediate possession, AND only with probable cause or warrant, OR in the presence of a parent or guardian WITH their permission. Anything outside these conditions is a Constitutional rights violation and the youth's time frame to file suit does not START to expire until they reach age of majority.
      Where everyone else gets their BS from is beyond me, because even the worst TV shows get this one right.

  • Madashell

    So you want to teach the kids it's right to live in a police state ? I hope the parents sue the living hell out of the schools and the police !

  • Viet Vet

    Under the true rule of law minor children are not full citizens and do not have protection under the 4th Amendment; however, the parents must be notified and their permission obtained. Enrollment on its own could be defined as acceptance of allowing the institution to search anything on school property. Of course in this time of upside down logic even illegal immigrants, criminal trespassers, are thought to have protection under the Constitution of the country whose immigration laws they have violated. This politically correct attitude currently in acceptance by society is absolute ignorance. The nuts are running things and nothing much makes any logical sense.

  • heylottylotty

    The same laws apply when you enter a military base or building, Even a courthouse or other "government" place. You are subject to being searched. Usually there are signs posted but not always. The methods abruptness of the school search was not the best it could have been. If your child was killed or maimed by another student while at school would you prefer that the authorities had waited for notification of all parents and a judge authorized a search warrant for only specific areas? Virtually all of the school and college catastrophies had multiple comments that it should have been prevented. "Somebody" should have done something. Well, come up with a better suggestion. I know I would want my child protected. It may be better that parents educate their kids that this is a "necessary evil" in our society since God has been banned; Morals have been banned; even good manners and respect seems to have been banned. Better schools mean PTA and PTO attendance by WE the People.

  • BCohio

    Obammy is finally going to get his way!... HE will start the NEXT CIVIL WAR in America!... IF we don't STAND UP NOW WE WILL ALL HANG SEPARATELY!..............

  • Jerry

    Welcome to communism.

  • tammy

    WHY IS IT THAT WHEN WE ACTUALLY FOLLOWED THE CONSTITUTION THAT WE HAD LESS CRIME, AND A RICHER MIDDLE CLASS????????????????????????????????????????

  • Bellagio

    1) No constitutional rights were violated since no constitutional rights exist. Our Federal Constitution only guarantees rights.

    2) Children have basic rights guaranteed by the constitution but they do not enjoy the same rights and privileges as do adults. Pursuant to the 14th Amendment a Parent’s liberty to raise their own child cannot be interfered with by the state as long as a child’s human rights are not violated such as being abused or neglected. Parental rights in raising a child are inalienable self-evident rights of custodial power parents have over their children. Until children reach the Age of Majority… that is 18, parents have every right to question, conduct searches of their children’s personal/private possessions, seize same, and punish their children as they see fit. And since schools are public property and the lockers are borrowed to each child student… the Police and/or school authorities have EVERY right to search those lockers anytime for any reason.

    I agree with the court.

  • Stephen

    "Funny", about 10-15 years ago, the ACLU filed a law school against a school for randomly doing the samething for drugs and claimed that it was unconstitutional. You don't hear them whining and crying now that it's being done under the Obamanation administration. Liberalism is the zenith of arrogants and hypocrisy!

    • ScottSchoemann

      it has nothing to do with Obama, the case was over 25 years ago and they lost the appeal even made it to the US Supreme Court and they lost by a unanimous ruling. It must suck to find out how wrong you really are

      • Stephen

        Scott, that's probably what you do. Because not even 3 years ago, another school did random drug search and the ACLU only told them that it "might" be unconstitutional. Even your beloved ACLU can't keep its stories straight.

        • ScottSchoemann

          Sorry little Stevie but you Lose! YOU brought your heros into this, so you are the one following them, and obviously they lost or you would be bragging how they proved it was illegal to conduct these searches. Leave it to a closeted Liberal to bring the ACLU into this in the first place!

        • Stephen

          My hero? Typical DA lib. Maybe when you get your head out of BO's colon you might be able to actually read what I wrote.

        • ScottSchoemann

          I see you're coming out of the closet more and more with your anal fixation on Obama... By the way, I ran your rap sheet... your Lawyer really think he can beat your Pedophilia charge or is he just milking you for money?

        • Stephen

          DA, keep your ignorance to yourself

        • ScottSchoemann

          Is that public defender screwing you like you screwed those little boys? You deserve much worse...

        • Stephen

          When you feel the need to do such, call me personally at my work number: 478-745-1271

        • ScottSchoemann

          what a poser, Then you would know who Spec. Agent Covington is. It also means you would also know what the hell you are talking about, which you dont. But what is worse poser, is you wouldnt give out the central switch board number, you'd use the back desk number, you insipid poser... I spent five years working out of the Macon office @ssh0le...

        • Stephen

          You are full of it yourself. You would talk out of your ass everytime you had something to say but what more can you expect from some that enjoys keeping their head planted up Obama's colon all the time. And you never work at the office.

        • Stephen

          ...wouldn't...

        • ScottSchoemann

          Little Stevie, there you go again with your anal fixation on Obama, Do I need to call the boys over at treasury, double S, and have them come and talk to you? While they are at it they could deal with your impersonating a Federal Agent... A class C Felony...

        • Stephen

          Why don't you? What's taking so long?

  • Rick

    The courts no longer serve justice and protect. Obama is the only one that can tell a court order to go to hell and get away with it and no questions ask. This was just done.

  • Con law teacher

    Many people including Giacomo have no real knowledge of the constitution, 4th amendments or what either one actually means. They use circular logic to rant and support what they think or want the law to be. Case in point quoting Giacomo "In the case of the Springfield School, no probable cause was given and the search was completely unreasonable since there was no warrant issued for the search." This statement fails to recognize that there are several exceptions to the warrant requirement. Any warrant-less search that falls with in an exception is not on its face unreasonable the therefore not illegal. There is not enough information given to determine whether this search was within a warrant exception - but apparently the court felt it was.
    A second important point is that probable cause is legal justification to support a search warrant - if the no warrant is needed because the situation falls under one the warrant exceptions - no probable cause need be given. The government agent (police, school, etc.) are not required to give probable cause to the subject of the search - but only to the court as legal justification for its actions. It is not clear from Giacomo's comments to whom he thought probable cause should have been given. But if whoever it was has the same level of understand as Giacomo he or she would be incapable of understanding the legal concept or properly applying it to the situation. The lesson is before getting upset and ranting about how law enforcement or others act be sure you have at least a basic understanding of what the law actually says.

  • Greg

    Students dont' shed their Rights at the school house gates. The POLICE are indeed becoming facist in their tactics and in their ignoring the Bill of Rights. Further, there is a cadre of Liberal/Left Judges in our courts these days and for the record, the Justice system in Amerika IS Broken. The Judiciary has been compromised. School officials are also complicit in their ignorance on Students RIghts and Case Law, on the matter. The District Cours decision while disappointing to say the least, will not stand ultimately. Where's the ACLU on this, as well ? Conveniently silent apparently.
    Perhaps the schools parents and students should boycott and demonstrate their anger on this matter. Remember, the squeaky wheel gets the grease and the attention..whether THEY like it or not. Semper Paratus. Stand Up! for your Rights or LOSE THEM.

  • Loraine Isenberger

    I believe that the Supreme court declared years ago that the lockers were not the property of the kids but the school and therefore......And the term in loco parenti comes to minds. I don't know what they wanted to search, It really doesn't get too descriptive

  • BCohio

    What I want to know is WHO Started This Whole THING!????.. The Cops or the School Board!.... Find OUT then maybe WE WILL KNOW WHY!, And WHO WANTSTHIS!... It's time to find out WHO the Guilty Party IS!...

  • jeannie

    It's just amazing to me all the uproar over this. When I was in high school - in the early 60's - there were random "locker checks". You would be amazed at the amount of alcohol that was found in some lockers! No one's truly personal "stuff" was messed with. This IS a public Institution and high school kids are notorious for hiding "contraband" in their lockers! It has always been and it will always be! Soooo, your child is found to have crack in her/her locker! Don't you honestly think that is something you should KNOW about? What if one of the students, in this glorious day, has a loaded weapon in his/her locker? Not your child? Wow! And you don't want to KNOW? WTH!!!!

  • jammin2011

    Their rights were not violated.

  • Suzye M.

    Likely, the legal technically that allowed this search was based on the word "school" rather than "houses" -- thus the reason the U.S. Court didn't rule that the action violated The Fourth Amendment. Each word in any law is a factor to correct interpretation. One word added or deleted can change an entire law interpretation.

  • LFH

    That's how it was when I was in school and also when I taught school & it never hurt any of us, that I'm aware. The lockers still belong to the school. Most of the time when the lockers were searched, whatever was missing was located...... sometimes things that had been missing for a while. We also found bottles of liquor, etc. in middle schoolers' lockers.
    Sorry! I see nothing wrong with it. When the children become adults, that's different.
    Let the rights begin when they become adults. Do the liberal do-gooders have to destroy a nation from the roots up?>

    • ScottSchoemann

      Thats the only way they can destroy THE TRUTH!

  • Bev

    What happened to schools actually teaching! This is all part of the Feds pushing obama's police state...they are coming after our children. They want them to grow up in the environment of a police state and not a FREE COUNTRY> Teach your children that they do not have to go along with this...make them resist and prosecute those who put on the illegal searches.

  • ladyj

    Its like this EVERYONE SHOULD STOP PAYING FED TAXES THEN THE FED WILL DEFINITELY HAVE TO LISTEN TO WE THE PEOPLE SO UNIFY & PAY NO FED TAXES UNTIL THEY OBEY THE CONSTITUTION OF THE UNITED STATES OF AMERICAN & ALL THE ADMIN FOLKS SHOW PROOF OF HAVING PAID ALL THEIR TAXES UP TO DATE.

  • Gloria Wedemeyer

    Someday there will be no more schools. People will send their kids to private schools and home-school and I would love it if this would happen for one year. Boy would the unions ever have a fit then. If they are allowed to do this, then why can't we just go get all the records from the federal government. I get so sick of hearing about it is protected property. That's what I love about people in authority, politicians and the President, they make the laws but don't feel they are obligated to them.

  • John Stevens

    I really hate to burst everyone's bubble here, but the courts have long ruled on similar cases with similar results. The reasoning behind the court rules include the following: (1) There is a public interest in protecting the schools from behaviors that interfere with the ability of the schools such as drug use, gang involvement, and weapons; (2) Schools are considered a public building and as such there can be no "presumption of privacy" even within the locked confines of school provided lockers.

    You can bet that police and school officials took great pains to at a minimum give the appearance that the searches were random in nature, not targeted against specific individuals. If the searches, and any subsequent searches can be proven to have been random, then no probable cause is required -- just as is the case in random urinalysis testing in the workplace, or universal (100 percent) drug screening of all new job applicants as part of the hiring process.

    If you want to eliminate this sort of behavior on the part of Government authorities, then put conservative, strict constructionist people in office. Most of the rulings broadening search and seizure have been the result of liberal justices and liberal courts.

    • ScottSchoemann

      and I award another AMEN!

  • SusieQ

    Everyone should be outraged at this action. To say that you "Pay" for these lockers is a phrase I keep hearing over and over and apparently is part of the brainwashing activities that have and are being conducted all over America. If the police can search without a warrant and without probable cause then we are all in trouble worse than we can ever imagine. Would you say you "pay" for a post office box, or a locker in a gym, or a hole in the ground simply because you pay taxes so you have the right then to have anything and everything subject to unwarranted searches, even arrests simply because you suspect something? Of course not, that is no way for free people to live because that is not freedom therefore no one would be free to enjoy life, liberty and the pursuit of happiness would they.

    • ScottSchoemann

      SusieQ is a good name Hostess head...

  • julian

    This story must have been investigated by the same 'news' people that looked into Obama. They raised many questions which they provided no answers for.

  • jim

    welcome to ole barry the Socialist Muslim's eutopia!!! thanks to the MORONS who put ole barry in office! IMPEACH or VOTE these Lib Dem and Rhinos OUT in NOV!!

  • richard holmes

    Big brother at its finest, brought to you by the socialists.

  • Steve

    I think most of the posters are missing the point. When you work for an employer who furnishes you with COMPANY OWNED locker or as a student using a SCHOOL OWNED LOCKER you give the implicit right of the owner to search that locker at the owner's discretion. Be aware that if you have something to hide, someone is going to find it. This principle is well founded in pr
    evious court rulings and is permitted under the Fourth Amendment.
    Steve, a retired police officer

    • ScottSchoemann

      Steve, the reason they are messing the point is they dont understand the difference between private property and what isnt theirs... it's the entitlement thinking. These are the people who think Terry v Ohio is about violateing THEIR rights and not keeping people ALIVE. Either that or they just cant read...

  • SMS

    Why is this such a big deal? When I was in Jr High and High school in the late '60s and early 70's, the schools had the right to search lockers AT ANY TIME. Nothing has changed and there is no outrage here.

  • Richard H

    I don't oppose the search, but I do think that it was done improperly.

    First, signs should be posted that the contents of lockers are subject to being searched without notice.
    That doesn't mean that the student should not be present.

    There should be a reason for a locker search and it be articulated in writing. (Prepare for court.)

    When possible, get a search warrant. (Avoid a court.)

    Random searches should be more random in frequency and location.

    Police should be present to protect proper procedure and student (citizen) rights.

    Common sense people! Common sense and civility!

  • richard holmes

    Big brother at its finest, brought to you by the so-cialists.

  • TMAGZ

    If you want someone to "please tell you how...." I suggest reading the entire decision. Justice Robert Jackson once wrote that the "Constitution is not a suicide pact." I am thrilled the court agreed with the obligation that the govt. has to provide for the common good, also known as life , liberty and the pursuit of happiness. The court, in its decision, takes into account much, much more than the words of the 4th Amendment. Prior case law, which for the 4th Amendment probably could fill a good size gym, is voluminous to say the least and much of any decision is based on this body of work. Print the entire decision before you make the giant leap from this decision to the government unreasonably searching private residences.

  • richard holmes

    Godfather politics is a commie web site.

  • lerojist

    Children are no longer allowed to be children. The enemy within has been hurting our children for years with DRUGS, the public school system, TV, movies, music, media.

    When I went to school, there was never a police car, we had no problems, but then again DRUGS were not prevalent. I went to a 95% white school. Our white students didn't attack the few minority students that were there. There were no gang, cultural wars.

    The high school I went to is now a war zone, with a fence all around it. Police cars ever present. It comprises of several different races/cultures, and gangs. Does this tell you anything? Multiculturalism is being used as a weapon against us. I have no ill will towards any peoples, but feel we were meant to be separated, and having respect for each other. The problem is many other peoples do not have respect for us and our home, the U.S....they just want what we have. God warned this was going to happen.

    God told us to not become a part of the world, yet the enemy within opened our gates to people we have nothing in common. This is affecting our educational system.

    I am FOR HOME SCHOOLING, and stopping the indoctrination to socialization and a one world system. It's deadly!!

  • PecosBob

    Can they or can't they? At my kids school (elementry, middle, & High) they (police) bring in search dogs and enter the classrooms. I don't think no one in our community has raised the question. Now that this article has come up, it makes me wonder if its okay to randomly use search dogs. My son says that some kids have gotten caught with marijuna.

    • ScottSchoemann

      if they got caught then they are stupid, since you say they do i, the the students should have known it would happen and leave it home. So it just proves the damage dope is doing to their minds, you want this to happen to your kid too? Wnat him to suffer the same brain damage?

  • http://www.survivingurbancrisis.com Silas Longshot

    Get used to it, people, the police state is alive and growing under these liberal 'justices', like Sotomayor and the other subversives against the Constitution. They are indeed working to get the population of the future (our kids) to accept and tolerate this kind of routine violation of the 4th amendment and whatever else they feel like trampling on.

    Click the name, learn to survive!

  • jb80538

    Courts all over the country are violating the constitution. This search should never have happened and the court should have ruled that way. No probable cause, no search warrant. The school folks need to be fired and the judge should be removed from the bench.

  • Bird

    So we allow drugs and drug runners to run rampant in the schools? Would you like to know that your child is safe from those who sell and use drugs? Wouldn't you want to know that your child may be using drugs before it is too late? Children can not protect themselves even in High Schools. Peer pressure is so great that it is hard for even the best taught children to resist. No it is not a Police State. Most people don't even have a clue what happens on the street because they have their head in the sand and are always complaining about what the Police do. If you don't have anything to hide then you have nothing to worry about. It would be nice if all Police Officers could do something else for a living and everyone could get along and not kill one another etc and so forth. I certainly would like to do something else.

  • http://www.chick.com Raymond

    Obama’s Record of Firsts
    by Sindy Kimmis
    Before you vote in 2012….
    A gallon of regular gasoline the day Obama was inaugurated was $1.79 on average in the U.S. Today that price is $3.59, a 100.6% increase.

    The number of food stamp recipients has risen since Obama took office from 31,983,716 to 43,200,878, a 35.1% jump.

    Long term unemployment soared 146.2% during the same 32 month period from 2,600,000 to 6,400,000.

    American citizens living in poverty have risen 9.5% from 39,800,000 to 43,600,000, and the number of unemployed has jumped almost 25% from 11,616,000 to 14,485,000 as of August 31, 2011.

    The number of unemployed blacks has risen from 12.6% at the end of George Bush’s term to 15.8% today, a 25.4% increase, and finally, our national debt is up 34.4% from 10.627 trillion to 14,278 trillion *

    Keep these figures in mind as we recount the number of firsts for this presidency:
    First President to refuse to show a valid birth certificate.
    First President to apply for college aid as a foreign student, then deny he was a foreigner.
    First President to have a social security number from a state he has never lived in.
    First President to preside over a cut to the credit rating of the United States.
    First President to violate the War Powers Act.
    First President to be held in contempt of court for illegally obstructing oil drilling in the Gulf of Mexico.
    First President to defy a Federal Judges court order to cease implementing the Health Care Reform Law.
    First President to require all Americans to purchase a product from a third party.
    First President to spend a trillion dollars on shovel-ready jobs and later admit there was no such thing as shovel-ready jobs.
    First President to abrogate bankruptcy law to turn over control of companies to his union supporters.
    First President to by-pass Congress and implement the Dream Act through executive fiat.
    First President to order a secret amnesty program that stopped the deportation of illegal immigrants across the U.S., including those with criminal convictions.
    First President to demand a company hand-over $20 billion to one of his political appointees.
    First President to terminate America’s ability to put a man in space.
    First President to encourage racial discrimination and intimidation at polling places.
    First President to have a law signed by an auto-pen without being present.
    First President to arbitrarily declare an existing law unconstitutional and refuse to enforce it.
    First President to threaten insurance companies if they publicly speak-out on the reasons for their rate increases.
    First President to tell a major manufacturing company in which state they are allowed to locate a factory.
    First President to file lawsuits against the states he swore an oath to protect (AZ, WI, OH, IN)
    First President to withdraw an existing coal permit that had been properly issued years ago.
    First President to fire an inspector general of Ameri-corps for catching one of his friends in a corruption case.
    First President to appoint 45 Czars to replace elected officials in his office.
    First President to golf 73 separate times in his first two and a half years in office.
    First President to hide his medical, educational and travel records.
    First President to win a Nobel Peace Prize for doing NOTHING to earn it.
    First President to coddle American enemies while alienating Americas allies.
    First President to publicly bow to Americas enemies while refusing to salute the U.S. Flag.
    First President to go on multiple global apology tours.
    First President to go on 17 lavish vacations, including date nights and Wednesday evening White House parties for his friends, paid for by the taxpayer.
    First President to refuse to wear the U.S. Flag lapel pin.
    First President to have 22 personal servants (taxpayer funded) for his wife.
    First President to keep a dog trainer on retainer for $102,000.00 a year at taxpayer expense.
    First President to repeat what the Qur’an tells us, and openly admit the early morning call of the Azan (Islamic call to worship) is the most beautiful sound on earth.
    In 32 months of Obama in the White House, we the people have accumulated national debt at a rate of more than 27 times as fast as during the rest of our nation’s entire history. This as the Obamas plan their next extravagant vacation to the Indonesian Island nation of Bali.
    * sources: U.S. Energy Information Administration, Wall Street Journal, Bureau of Labor Statistics, US Dept of Labor, Standard & Poors/Case-Shiller, Federal Reserve, US Treasury, Heritage Foundation.

  • CA_Dreamer

    I actually saw this happen a few years ago, when my boys were in school, they are now in their 30's. So this kind of thing is not new, but with the media, the Internet, and social networking, it becomes known what is going on to the public.

  • rebel

    What is it that nobody gets? NO Court, NO Judge, NO Congress, NO president, NO Supreme Court, NO world-leaders can take your freedoms and Liberty. They do NOT give you freedom and Liberty, they cannot tell you whether you are a free people or not!
    Your own freedoms and Liberties comes from God and the Constitution, not by man or men who calls themselves State!
    Don't you all realize that the enemy within, is an has been giving lip service and doublespeak for 200 years in order for all to think the Constitution doesn't exist or the laws of. There are NO provisions in the Constitution that allows the government or Courts to authorize themselves the power to violate the Constitution! Wake Up, stand up, before its too late!

  • Dr Larry

    This is scary, even for an old fart like me

  • Hossmiester

    Well folks just a small taste of, "Welcome to the U.S.S.A. (United Socialist States of America) Papers Please! Rights? Rights? What rights, you have only the right to answer any and all questions ask of you before we place you into the Gulag, Excuse me, Retraining camps set up be our illustrious leader President for like Obama!
    A nation of sheep begets a government of wolves!

  • Brian

    The school has a responsibility to keep all students safe. Ensuring there are no weapons or drugs in the school is part of that. The US Supreme court ruled years ago that students DO NOT have a "reasonable expectation of privacy" except from each other, that the school's responsibility to keep all safe overrides the perception of an individual's right... Search warrant not needed, warning or notification of a specific problem not needed...

  • Enerald

    Home schooling is looking more attractive, every day.

  • DockyWocky

    "Unbelievably, a US District Court ruled in favor of the school and determined that they did not violate any of the student’s constitutional rights including the Fourth Amendment...'

    Apparently, they only teach the liberal Democrat interpretation of the Constitution in judge school these days. Also, unless these black robed tyrants have the proper liberal/progressive credits, they might have to go out and work for a living.

    What I want to know is why some other, more conservative district judge, or judges, don't over-rule these creeps? It looks like only the liberal ashes have anything to say these days - or are there any conservative judges left?

    We're being forced down a liberal/progressive bunny trail and apparently, there is nobody to thwart these tyrants.

  • .Robert

    I am sorry to say that this is one of the things that has gotten us into trouble, as a nation. This bull about students having all of these rights is why the schools of loss control of our children. They don't have to learn ,they don't have to listen, show any respect to teachers, other students, or anything else.

    Our schools in many ways should be an extension of our homes. If your son or daughter living in your home, is suspect for hiding contraband, or other dangerous things a parent has the right to search. Initially the same way in our schools.
    Without some control the students run the schools, is like the inmates running the prison. The progressive and liberal lawyers who set this whole thing in motion should be shot.

    From the time the student enters the school until the time he or she leaves the school they are the responsibility of the school. If the schools are expected to be responsible for the student safety than they should be able to conduct searches as need be. If a student does not want to comply that's fine. He was remanded to his parents, his locker or positions that world to be searched, should be put in lockdown until the proper authorities can thoroughly examine them. And that student should not be allowed back in school until this is all taken place.

    If we do not regain control of our schools we will no longer have an educated populace just one that is been indoctrinated

  • Poorman

    This only the tip of the iceberg if Obama gets another term and replaces Congress with his radical czars and the Exec order. He is already targeting the internet, wall street, and obtaining medical records on every person in America and putting them on line for the first hacker to release to the public. Every company who fails to donate to his reelection will be targeted by the EPA and/or IRA - e.g. Gibson Guitar or the Koch Brothers on his enemy list in the W.H. It is coming and invasion of students is only a prelude to a police state and few are paying attention.

  • Upset V

    Are we now living in a nation that is like NAZI Germany under Hitler? It appears in all areas now in this 'free' county that we have Storm Troopers that can avoid any laws or rights of the people. Locally, in states, in Nation, What is wrong with our Justice System or do we really have one? Shootings, invasions of homes by criminals and police who are turning out to be worse than criminals, the free society, all rights and the Constitution being trampled on....so goes the USA as Rome went, as USSR went, and all other Empires. This year is going to be the year of our Armageddon 2012, election gone wrong, money buys office of President, weather destroys most of nation, people gone crazy, and the Government totally corrupt and lousy. Where are we? This is not the nation that was created. This is not the nation that existed when I was born. We are like a roller coaster going down that has no end or track that will climb. Shame on our System now.

  • Outlawcajun

    Welcome to the Fourth Reich...brought to you by the obamanation in the White House

  • edward

    I would suppose that the federal judge who did this is a liberal who does not believe in the Constitution of the US., and was probably appointed by Clinton or Carter..................................

    Armed Revolution is soon to be the only way to combat our own government...........................NOV 2012 is the Mayan judgement day

  • William Robbins

    That is why I home School my Kids

  • Doc

    Socialis TEST TEST containing the name of a prescription drug? really? the gubbermint stops me from buying too much cold meds because of people using them to make drugs, now we will stop being able to describe the Marxist with that word? or is it because they can't stand the light like most roaches?

  • Larry Owens

    whats New? we peons/average citizens all they want us to do is pay Taxes and Die. While our lawmakers and government Trample our Constitution and Laws or Bend them to suit their needs. Revolution!

  • Daniel

    I guess we don't have to OBEY OBAMA LAWS, NO ONE IS IN CHARGE, SHARIA LAWS is not the laws of the land and neither is Health Care which has it in the bill on page 107 "DHIMMITUDE" means SHARIA LAW. We DID NOT ELECT A COMMUNITY ORGANIZER: OBAMA, Pelosi, Reid, Congress, Senate, Democrats, Republicans, George Soros, Bill Clinton, George Bushes, Jimmy Carter, David Rockefeller, Council of Foreign Relations, Tri-Laterial Commission, Muslims, One World Order, One World Church because you didn't read the bill when you tried passing your laws, it don't apply in the United States, MORONS.

  • T

    They were probable looking for BART ! Yup , ole Bart is up to something ...
    Oh , by the way , the Simpsons are probably making thier way to Alasska !
    No , seriously , more and schools in the states resemble prisons ... according to everyone I know , education has been on the decline eversince the early seventies ...

  • Blair Franconia, NH

    The courts have upheld this precedent since the '80s. It's nothing new.

    • ScottSchoemann

      try since the 60s

  • dwight

    stop complaning vote libs out you got what you ask for

  • Sherry

    It said 'No probable cause.' I want to see the probable cause that would justify their actions. If there wasn't one, welcome to showing us the Police state. If they had word or indication of weapons or drugs, or some such, then I could accept it, but they should have gotten a warrant first.

  • Sherry

    Old Dad, I'm right in agreement with you on that! And not just because of cases like this, but a lot of crap going around our country being taught in schools, and things happening that if I still had kids in school today, and some of the things happened without my consent, I would be hell on wheels at the teacher, principle, and would have to pull my kids out of such school, if they did not get that my consent had to be had first.

  • Galen

    This is just another way to brainwash American kids. The students will think from now on that the government can do anything they want, and the school will teach according to dictates of the oppressive State. There will never be lessons or history taught about the American revolution, and how our free republic was established. If parents let the schools get away with this, the students will be turning in their parents. It will be like Hitler Youth program all over again, this time in America.

  • DrBillLemoine

    Historically Missouri is one of the border midwest states with a violent and deeply divided heritage. Wild west and abolition aside, it appears to have fallen off the Constitutional wagon like many western and plains states reverting to prior status including vigilantism. Bush said "wanted dead or alive"; Angle said "first amendment rights"; Palin touts wilderness mores; NE/TX/MI/IN/OH/WI and other states bum rush legislation trampling democratic tenets; FL and a dozen states diminish voter rights; etc., etc. The Patriot Act embodies warrantless searches of terrorists and overlooks habeus corpus guarantees; the federal military invades foreign lands to kill US enemies and tortures combatants offshore. The whole of executive, legislative and judicial branches seem bent on trashing the Constitution, abetted even by avowed Constitutionalist parties and individuals.

    WE NEED A BLUE RIBBON PANEL REPRESENTING ALL BRANCHES AND LEVELS OF GOVERNMENT TO (1) IDENTIFY TRESPASSES ON CONSTITUTIONAL PRINCIPLES, (2) PROPOSE DRAFT ALTERNATIVES WITHIN THE CONSTITUTION, AND (3) PRESS THE RELEVANT BODIES TO PASS THE MEASURES IN LINE WITH ENDURING CONSTITUTIONAL PROVISIONS.

  • Rose

    The RugRats don't run the school system, neither do their parents /guardians. The authorites felt they had a reason to do what they did and followed through. Good for them, finally, someone with conviction to go forward.

  • John

    Karen, bzzzzt! WRONG ANSWER !!

  • MAD

    if you want to be homosexual that's fine with me, but do it at home in private because I sure don't want my kid having this pushed on him in school or in public and I certainly don't want to see it .being gay is a preference you wasn't born gay you do it because you like it. You say your rights are being violated what about mine.

    • ScottSchoemann

      you say that like you tried it and like it too

  • JOHN

    WE THE PEOPLE MUST UNITE TO EXECUTE ALL LIBERALS JUDGES & DEMOCRATS IN CONGRESS & SENATE CONSTITUTION VIOLATORS ENEMIES OF THE REPUBLIC MUST DIE FOR TREASON & HIGH CRIMES PUNISHABLE BY DEATH THE CORRUPT CONSTITUTION VIOLATORS ARE NOT ABOVE THE LAW. THEREFORE, THEY ALL MUST DIE FOR THEIR SEVER TREASOB HIGH CRIMS BY THE HANDS OF THE AMERICAN PEOPLE BEING THE POLICE FORCE, JUDGE, JURY, EXECUTIONER TO KILL THY ENEMIES IN DEFENDING & PROTECTING THE UNITED STATES CONSTITUTION AGAINST ALL FOREIGN & DOMESTIC ENEMIES OF THE UNITED STATES TO SAVE OUR REPUBLIC. TIME FOR THE PEOPLE'S CONSTITUTION REVOLUTION TO WIPE OUT THE TRAITORS OF AMERICA. DEATH TO THE TRAITORS ENEMIES OF THE REPUBLIC & THE CONSTITUTION ONE CHRISTIAN NATION UNDER GOD.

  • Ben Dover

    Fourth Amendment was put in our Constitution. 4th amendment, Pelosi "constitution, constitution, your kidding me?" Get use to it schmucks, this is the man you wanted as president. who learns about the bill of rights anyway, ask any dolt off the street, they'll laugh in your face and say "go giants". you think the tyrant in the WH cares about the Constitution? Bill of Rights? he's wiping with that piece of parchment written by old dead racist white men.

    Ben Franklin observed,

    "Only a moral and virtuous people are capable of freedom; the more corrupt and vicious a society becomes, the more it has need of masters."

  • Dalek

    I hate to bring this up but, doesn't the TSA do this to adults everyday? They don't have search warrants or probable cause either. I know, it's different. To me, it's not different. I wish a couple good shots had a gun on the planes on 9/11. We would have a few dead terrorists and lots of living Americans. The moral of the lesson would then be this: Don't mess with Americans. We got guns and you never know when we will send you to where you claim you want to go.

    This may be controversial but we are givng the terrorists just what they want. We are giving up our freedoms. When they pass laws like the patriot act, they just had a small victory. After all, it is our freedom that they don't like. Well, religion too. I bet some of them are thinking, we do this a couple more times and they will have no freedoms left.

    Does the 4th Amendment have a age limit we are not told about? I read it and I don't see one.

    Thinking outside the box here.

  • Citizen60

    You send your child to government schools, don't complain.

  • Act

    We already live a police state, If someone accuses you of being a terrorist. They can enter your home and arrest you without warrant..Wake up.

  • Rooster

    “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

    This says nothing about schools per se. But if courts can rule against the Constitution here, what will keep the police from kicking down the doors of private citizens—you and me?

    This is the police state that the Obamanation has envisioned from the beginning when he mentioned his desire for a “domestic security force” equal to the military under his direct control—known as Strumabteilung (SA)—Storm Detachment or Stormtroopers—Hitler’s paramilitary “brownshirts” in Nazi Germany. Obama’s intentions mirror Hitler’s.

    At least half of the American public is sound asleep, especially those poor souls who voted for this monster. And they’ll vote for him again because, being uninformed by the mainstream media, they cannot imagine in their worst dreams that this could happen in the United States of America. Besides, they have been promised the wealth that Obama will strip from the rich—in his class warfare.

    It’s coming to a neighborhood near you. God have mercy on us for allowing this to happen!

  • Lloyd

    What has our government turned into" Are we now an Islamic, Communist, or Nazi nation? They are the ones that condone and practice this sort of think, no a free and independent government such as ours is supposed to be. Have we, or are we, allowing them to violate our Constitution, the document that granted us freedom from such tyranny, at will? We The People have powerr under that Constiution to deny them the right to do such things, and if the court condones such action by the police and the school officials, then we should get rid of them, starting with the Judge who made such an illegal decision. Judges have no power to make laws, and those that attempt to do so, must be removed from officde. They can be impeachd for theif violation of OUR CONSTITUTION. The School fooficials, and the police officers, can be fired and replaced by good honest and patriotic members of our society. And we had better start doing just that - immediately.

  • Ed Bradford

    Giacomo, you need to do more research. Did the judge publish the ruling? Where? Did you read it?
    Why does you think the 4th Amendment is about what a state can do. I thought it was about what
    the Federal Government can and cannot do. Search is not an enumerated right, so the Fed can't do it.
    Can states? Explain your answer.

  • Charles

    it did not say that just the lockers were searched or that they were looking for a gun or dupe the kids were searched just because they wanted to do it and if you don't see that as wrong than you are stuip

    • ScottSchoemann

      speaking of stupid, can you say "spell check"? or would you prefer " speel chic " ?

  • libs_suck

    Sorry folks, but this is why it's time to start shooting....

  • richard

    article is not actually clarifying. indicates; allowed police to randomly search through all of the private possessions of any student they wanted...

    was this exclusive to lockers, or student's bags, & whatever they had on their person???

  • AlMari

    We do not know the full story. The court's ruling always has an explanation why it ruled that way. Unfortunately, I did not see that in the content of this story. Beware against spinmeister, goes both ways. Stay cool until the full story is known.

  • MamaC

    School lockers have always been property of the school and as far as I know they have the right to look into them for whatever reason I would expect a warrant thought for somebody to go through my purse which is always with me or my pockets.

  • robert

    it smells of ovomit all over.and the other treasonous traders,reid,kagan,napaltano,doj,doh.all of them smell of dog sh--.and corruption.god bless america

  • AFS1970

    Everyone here is missing the point and I frankly would expect much more from my fellow conservatives. Throughout the years courts have recognized certain times and places where warrant less searches may be conducted by the police. Courts and for that matter Legislatures have also recognized the rights of property owners to search as a condition of being on their property. They can also search their own property at any time. This is generally how most schools get around the 4th amendment.

    Now this article because it wants to strike fear into us readers does not mention what the situation was, or what was being searched for. Having worked in private security and public emergency services for many years, and having been a student in public schools I can guess what the situation was based on the large number of students searched and the lock down of the school. I will guarantee that somewhere there is a police report which outlines their reasoning for this type of search and the perception of the emergent nature of the situation.

    A few short years ago, the conservatives would have been championing the police if they had only said something nebulous like, "9/11" (and yes that was a Family Guy reference) or "Homeland Security". Now we are expected to do the opposite because someone else says "constitution. We simply do not have all the facts here and can not make any rational judgement based on this article.

  • Daniel from TN

    Under the law, public schools are PUBLIC property and can be searched by school officials at anytime. A search is considered acceptable even if school authorities only suspect something is wrong. Allowing the police to conduct searches on the school's behalf is also legal. The US Supreme Court has already confirmed this in several cases. The Court states that for schools to perform their function, education, some rights must sometimes be "temporarily set aside." Example. Freedom of speech cannot be allowed at ALL times in a school because it will interfere with the educational process: It is limited to when free speech is appropriate, and at these times usually encouraged, for a specific lesson.
    If someone had made an anonymous phone call stating that a student had a gun would you want the school officials to use their time to get a warrant or find the gun as quickly as possible?
    Giacomo, you should have obtained ALL the facts relevant to this incident before writing the article.

  • Old Maintenance Man

    Since the President and the Attourney General routinely ignore the Constitution and flout the Law, how long will it be before the general public will decide it is permissible for them to do the same thing? What incentive is there for the American People to obey the law when even the enforcers of the law don't obey it?

  • Anita

    You see. These are the type of judges Newt is talking about. They need to go. They are not upholding the law of tha land but ruling on what they deem to be correct. Screw the Constitution. People we have to wake up immediately.

  • Doris

    There are limits on the Constitutional rights of school children. If you read the Court's decision, it doesn't sound like the person or property of any children were touched.
    According to court documents, “It is undisputed that canine Dar did not alert on anything in (Mizer’s) classroom. There is no specific evidence that Deputy Inlow or Deputy Fillmore opened or touched any backpack, purse, or any other object belonging to any students.”

  • hot02rod

    I TOTALITY DISAGREE WITH THOSE WHO THINK THEIR 4th AMENDMENT RIGHT WAS VIOLATED.I UNDERSTAND WHAT SOME OF YOU ARE THINKING,HOWEVER,IT'S JUST THE START.WHAT WAS DONE WAS A TEST OF NDAA.I BELIEVE WE'RE ON THE WAY DOWN.COMPLACENCY IS OUR BATTLE CRY.OUR TIME FOR OUR RIGHTS WILL SOON BEGONE.

  • Ed Bradford

    Giacomo has posted a rumor. All who read it might be interested, but all should ask a lot more questions
    before concluding anything. If there are no references in Giacomo's article, perhaps he made the whole story up just
    to see how people would react? [BTW: Giacomo, did you?]

    If he did not, then godfatherpolitics.com is employing a novice journalist, because there is nothing in the article that is verifiable by the readers.

    Dear Godfatherpolitics.com
    I can write better than this and include real, substantive references for people to discuss and debate. Want to expand your readership?

  • eliwhit

    When will it become clear to all of us that 1) we have no rights under a dictator thanks to those of you that put this monster in office! 2) There no longer is a constitution thanks again to those of you who voted for and elected this monster! 3) We are Slaves to a Socialistic control which has now taken control of all of our hopes and dashed them. 4) Now it is a matter of waiting for the home invasions by the new regimes order and without submission by desenters, inprisonment and Death! We are now totally and wholly owned bye a regeme that we have so opposed and lives were lost in its opposition. We are now a third world government ruled bye tyranny and more blood will be shed without justification or reason! Just Power over the people will be recognized now and the Money Talks and some of us will walk (march) to their orders while some of us will die for our beliefs and faith! I have enjoyed many years under my Loved Nation and now I will Die with Liberty on my lips and in my heart knowing that it will come but not in my present lifetime! God Bless America and all that She stood for for 200 plus years and God bless all of my freedom loving Brothers and Sisters of her!

  • frustratedpatriot

    Where have you been? They've been doing that in Illinois for years now. We do live in a police state, so get used to it or do something about it.

  • eliwhit

    Pray tell what Prescription drug does the word containThat is stated in your reason for manual moderation?

    • eliwhit

      Please answer directly if necessary you have my email address mr/ms Moderator. Socialism word placed in message to get to the moderator for possible answer!

      • ScottSchoemann

        Its SEE ALICE say it out loud several times and you willd get it phonetically.

    • ScottSchoemann

      SEE ALICE

  • A Veteran

    Why is this such a big deal now? This has been going on in schools for decades!! In Georgia they lock the schools down and bring drug dogs in. If a teacher or police officer wants to search a locker a warrant is never issued, they just do it.
    Another big deal to me is the employer that says they can demand your social network site password and you have to give it to them or be fired. Ask a cop. Departments across the nation are either outright banning or limiting your free speech on these sites under threat of dismissal. No warrant needed. Just coersion. Other companies are starting to ask about web sites during hiring interviews. This is the same as saying they can look through your mail at home or on the net.

  • toosmarttovoteGOP

    Activist conservative courts ruled such privacy invasions to be legal DECADES ago and you're just NOW paying attention?

    • bullrider

      "Activist conservative courts" is a contradiction in terms. Conservative courts adhere to the LETTER and WORD of the Constitution, not interpreting it on a whim as do the true activist LIBERAL courts.

  • JOHN

    DEATH TO AL CONSTITUTION VIOLATORS DEMOCRATS & LIBERAL JUDGES

  • boomer8

    It would be great if these situations could expel a judge for incompetence or hostility towards the Constitution.

  • Steve Rhinehart

    I was a cop for a while, but was just too honest. Not htat all cops are dishonest but like the millitary they must follow orders of those safe behind law books, concreate walls, and body guards. I once had a New Mexico State trooper try to search my airplane becouse I landed behind a Texico station to get some gas. He backed down when I told him to go ahead but be sure to get everything back exactly where he found it becouse ballance is critical.

    as far as shreading the constitution it is our own fault. We forgave Linclon becouse it was war. The farthest back I personaly rember is seat belts in the sixties, The government has no right to decide what is good for me and then pass laws to make me agree or pay a fine(to them) for disagreing. I bet if you think about it you can thinkof a hundred more.

    However if they can keep it on the books for one generation it just becomes the way it should be, especilly if it is forced on us excuse me I mean tought in school.

    • ScottSchoemann

      What a bogus Liar... first off you are either not a pilot or you are lying about your name, it's NOT in the FAA registry so, do you want me to continue from there?

  • Joseph

    School authorities do not need probable cause or a search warrant to do a search because of the following Supreme Court ruling in:

    New Jersey v. T.L.O. (1985)
    Students have a reduced expectation of privacy in school.
    A teacher accused T.L.O. of smoking in the bathroom. When she denied the allegation, the principal searched her purse and found cigarettes and marijuana paraphernalia. A family court declared T.L.O. a delinquent. The Supreme Court ruled that her rights were not violated since students have reduced expectations of privacy in school.

    However, they need to have reasonable suspicion that a student did something wrong that would require a search. I believe that the Supreme Court ruled against general searches.

  • GPS

    The students were never searched. Lockers were. Students left backpacks, etc. on the desks and moved away from them and they were searched. All of the searching was done by drug dogs. As has been said before, now you know the rest of the story. What I read here sounded like they'd been personally strip searched.

    I remember all of the critisizm of the school systems that "didn't do enough to find weapons before students could use them in the schools. These dogs can smell gunpowder and explosives as well.

    I've seen these dogs used in a school system. The kids are not threatened in any way and most enjoy walking up and petting the dog. It's not vicious and not taught to attack. It just wants to play with a ball andit gets the ball when it correctly identifies on a lockder or backpack.

    I strongly support the use of these dogs to protect innocent kids and keep those not so innocent in control.

  • jmsmaxwell

    This may see strange but I could not determine what caused this even to take place, were the police tipped off to possible firearms
    in the school, Drugs or other Illicit items that could possible cause harm to others? There was no mention as to the facts of
    this case which might have allowed the courts to rule in favor of the police or what drove them to conduce the search in the first
    place. These facts need to be knows to determine the reason for such a violation of the legal system in the first place.

    • ScottSchoemann

      there was just plain no mention of the facts at all

  • frank

    our right s are no longer in order,because obacrap singed our rights away when he was voted in as king hitler

  • Ole Vet

    Until a child is recognized as a person and accorded the rights of an adult, the government will continue to disregard and trample on their rights. The only this will cease is to force the issue of children's rights...have them given SOME dignity and respect!

    • ScottSchoemann

      And the dead have the right to vote early and often too

  • http://tea4lowertax.org Jack J. Morris

    Schools have the responsibility of keeping all the children safe in the school. If there is suspicion that a gun has been brought to school, does the principal have to get a warrant to search every locker? The lockers belong to the school, not to the students. I am totally against Obama and every thing he stands for, but in this case, the schools must have the right to know what is in their lockers. VISIT: end-irs.org

  • http://tea4lowertax.org Jack J. Morris

    Do not compare apples to pears; this has nothing to do with our imposter president Obamanation. The schools are "in locus parentis" in the place of parents and I think parents have every right to know what their children are up to! The Constitution has nothing to do with this. VISIT: end-irs.org

  • WillyT

    The story is one sided and therefore needs to be answered. I wonder if anything was found. Stolen property, drugs, weapons, porn - this is all stuff that I would expect the schools would want to keep out of the general population. Seems that the court agreed so they must have seen a "smoking gun".

  • http://tea4lowertax.org Jack J. Morris

    I do not know if my spelling of "in locus parentis" is correct because my Latin is all Greek to me! VISIT: end-irs.org and have some fun as you find out how to save the country! By Jack J. Morris, author of UNTROUBLING A TROUBLED WORLD - PEACE 4 EVER

  • Dave

    Senior Citizens and Minor children (except Emancipated Minors) are the property of the State. In every one of our States. Because of the Arrogance of the Federal and State Governments, they believe they are only capable of always acting in the interests of Children and Seniors. In the eyes of the State of Missouri, they are protecting our children.

    Welcome to Amerika, People! "Assume the position!"

  • Joe

    Hey, this is what we have ALLOWED our police and government to become. Keep on sleeping, thinking that other people will take care of things, and that there's no need to get involved. Things are going to get much, much worse, count on it! Forced innoculations (poison), police and military on every corner, citizens disappearing with no warrant or trial, etc... You asked for it, you got it!! WAKE UP AMERICA!!!!! We either get involved NOW and DEMAND that our government act in the interest of the people (instead of their puppet MASTERS), or we (and our children/grandchildren) will have absolutely no future. We can start by electing the ONLY constitutionalist, Ron Paul!! If you quit listening to the bought and paid for whore media and do your own homework, you'll see this is the ONLY sensible choice. The establishment, crony insider corporate america, the puppeteers, and the whore media are all deathly afraid of Ron Paul! That's all you need to know. Your kids are counting on you, you gonna let them down? This message is especially for the next generation, for they have no future if we don't act decisively now. It's time to put this treasonous, crooked, dog turd trash where it belongs, life in prison.

  • RIpete

    re searched by either people or dogs, Americans never cared what was done to the military - now pay the price.

  • RIpete

    Military search personal property whenever (Health and Welfare inspections conducted by personnel with or without dogs) Americans never spoke out when rights were taken away from the GI - now pay the price.

  • lonetrader

    As with many of these articles, many FACTS are left out of the article. They are left out on purpose. By manipulating what happened, you all assume there was no reason for this search. Was there a threat of a bomb. If there had been and nothing was done you would be complaining that nothing was done, especially iof it blew up and killed a bunch of kids. The police just don't go thru a school and search without a good reason. They don't have the time. All of you should be asking for ALL the facts first. What these writers need to do is focus on the real story and problem instead of using it for their spin.

  • John Longhurst

    Very good points have been made on several sides of this issue. What it boils down to is there exists in virtually every community now power hungry bureaucrats and probably others who have become intoxicated with issues such as power and control. They seek to subdue and trample under their feet the God given rights and freedom of others. They prey on and take advantage of people with less social and political power and treat them as inferiors. Anyone who would think or say this is no big deal either (a)
    does not understand the danger we face and that all our rights and freedoms are being seriously threatened as we speak, or (b)
    is Evil and Wants Power and Control over us. The good news is it's not too late for freedom and righteousness to prevail. So to those who are asleep---Wake Up and let's Win this Fight.

  • Joe

    You sir, are precisely the type of ignorant retard that allows tyrannies to take root and flourish, Please tell me you have no children?!!! Your naivete, while cute in a feminine way, is dangerous. By that reckoning, you don't own any space you occupy, either temporarily or "permanently", at work, the gym, wherever. How about they come there and search your belongings, ass turd. You have to be a government employee of some sort, to be defending police state actions this tough. When your time comes and they violate you, no whining or crying now. WAKE UP AMERICA!!!!! DO NOT be like this nitwit! The only shame is that, if we can save this country, this dimwit will automatically benefit. No justice I tell ya.

  • REE

    This search was legal just as it is legal to search employees lockers at work. When you put something in a locker or desk that does not belong to you, you subject it to whatever the owner wants to do. I don't agree with it but it was the school's property (lockers) being searched so if the school agreed to it or requested it, you can't do anything about it. No warrant is required if the owner consents to the search and the school is the owner of the lockers, not the student.

  • Michael Katz

    There is no shortage of street lawyers who think they know the Constitution and case law. "unreasonable" is certainly subjective and subject to court rulings. Police hearing a scream coming from inside a house are reasonably allowed to enter. Employers with or without Police are allowed to search your locker or desk. The Fourth amendment doesn't prohibit all searches. There are a number of exceptions. Also Police and school districts do not work for the Federal gov't and have no interest in promoting Obmams sick agenda. I'm sure they did it because they had a legal and moral right in their mind. Clearly the courts knew facts not displayed here. Reaching all these legal and moral judgements and character condemnation without the facts is just as bad as the character of those you are condemning.

  • Michael Katz

    Post Script: If my kid was in school there I would welcome the school/ cops finding something illegal in my kids possession, rather than me having blinders on. And if the kid next to him had drugs or guns I'd want that found too. The ONLY downside is for those who are trying to get aaway with something that will likely hurt others. In school, that's not a good enough reason to "unreasonably" hide behind the foruth amendment. Again, the4th is not relevant in this situation. Next you'll say that parents can't search their kids room because of the fourth amendment. Where do you draw the line? The lines have been ruled on by courts for hundreds of years. The piss poor legal education they give most people in public schools does not prepare you to understand teh law or Consititution. You letter writers mostly just look foolish. But it's not your fault.

    • ScottSchoemann

      "The piss poor legal education they give most people in public schools does not prepare you to understand teh law or Consititution. You letter writers mostly just look foolish. But it's not your fault. "

      Not to argue, but it IS their faults, they have the chance to better themselves instead of sitting on the internet whining like a bunch of little girls with wet panties. We obviously did it with out a problem, so really, whats their excuse?

  • djw663

    I'm sorry kid's don't necessarily have those right's when they are at school. A private school, but not a public school.

  • kRIS

    John McAmnesty and hussain got rid of our 4th and 14th amendment rights. Haven't you heard? Now they want to federalize the police, taking over each state! We are being turned into slaves folks. Too late, this country is now under a dictatorship and we as a country are finished. Were no better than Russia when communism was in full bloom!

  • http://www.linkedin.com/in/GaryMallast Gary Mallast

    RE: "So someone please tell me how the US District Court determined that the students’ Fourth Amendment rights were not violated."

    That's easy. The school acted "in loco parentis." Parents don't need a warrant to check out their kid's stuff and neither should the school acting in the parents' place. I'd bet you doughnut that is how the court argued. That argument has been used for locker and book-bag searches for ages. The rules tend to be a bit different for minors.

    I think a police fishing expedition stretches the "in loco parentis" doctrine to the point of absurdity.

  • Juan

    Well guess what sheeple ,Ron Paul would fight tooth and nail against this unconstitutional system we have in place...... But the American people won't back him because the zionist media ,ABC,NBC,CBS,FOX, THE BIG BANKS,wall st. the FED,and our wonderful Govt. tell you how bad and crazy he is ,to bad people can't think for themselves A!!! Just what don't you people like about Ron Paul the zero income tax,,,end the fed,,,down size govt.,,,,cut a trillion off the debt ,,,,,not start another war that cost working tax payers two billion dollars a day ....... Sure wish some of the people will wake up before it's to late!!!!! RON PAUL IS OUR ONLY HOPE

    • ScottSchoemann

      Ron paul has his head too deep in the sand to notice...

  • ScottSchoemann

    AMEN!

  • Joehast

    As children / minors they don't have rights, they have privileges. Did you flunk High school Civics class or what.?

  • GQ4U

    Poor administration on this site

  • Aunt Diana

    This is an interesting case because it feeds right in to the new ruling that requires no warrant or reason to arrrest and detain you indefinitely with no explanation. Not good. As I recall, when I was a student in hight school we were given lockers but we were told to buy our own locks. Therefore every student had their own combination lock that could not be opened without the combination. Or am I simply being naive here.
    I believe that letting police search without a warrant or reason is a dangerous precedent and should be stopped immediately, before we have a police state.

  • Kayle

    As far as I'm concerned, the (so called) judge that ruled on this case should be disbarred and prosecuted for violating the rites of every one of the children involved. The school administrators responsible should also be prosecuted. ENOUGH of our courts disregarding our laws and rights.

  • http://www.facebook.com/boyd.herrst Boyd Herrst

    for one the student is on school property as is the students books and papers. when parents sign students papers to be assigned to that school, they are essentially giving that school permission to search the locker or anything that student brings on school property. It is like going on a Military base, if you want on the base anything you have is subject to inspection or just stay the frick off... Parents just can't go writing their own application to the school with exceptions for inspecting lockers, books, papers, etc.., If a student's a good kid all-around what have they got to hide anyway? If they don't want to get caught with whatever they shouldn't have...DON'T TAKE IT TO SCHOOL! what is so fricking hard about that?.....

  • LiNDA

    Since "King Obamination" was elected.....and since 9/11............the gov't has joyfully ran with the ball to take all our rights away.
    I believe they made a law recently that gives them the right to do whatever they want under some kind of "just cause" garbage.
    If we do not get rid of Obama, Soros, Hillary C., Pelosi, Reid, Holder, and all the rest of Obamination's thugs............we will keep losing our rights. They are taking our Constitution away from us all the time.
    If I had a child in any US school............I would proceed to HOME SCHOOL them. I would not let this happen to my child again.
    You can't even put them in a parochial or private school and expect the thugs in WDC to stay out of their lives.

  • A_Nobody

    Criminal charges are in order against the principal and police for an unauthorized search. With a warrant they can search a single student's locker but not do a blanket search. I hope soem of the parents file a suit against teh principal and the police. They only get away with this crap when people allow it because they know most won't pursue it.

  • Luther Sexton

    Someone back up the thread of these comments almost hit upon the answer - we, as usual, haven't been given the full story. What prompted the school/police to lock down and search the school? Was there a bomb threat, or of someone inside the school with a gun, or something along that line? If that were the case, then the school/police were absolutely correct in what they did. I will be the first to defend the 4th amendment (and the others, for that matter!). But, let's get the whole story first. Remember the Rodney (?) King case - we didn't see what prefaced the beat-down until after the entire society had been fed the "bad police" line. Then, there was the case of the Cambridge Professor who was "mistreated" by the Cambridge Police Sergeant, who then drank a beer with the Professor and the "accuser in chief"! As well, there have been several cases where the police were absolutely wrong - after all, they come from our society, and we, as all socieyies, have bad apples scattered here and there.

  • Lee Bird

    We are becoming a police state more and more every day under the direction of Obama and his surrounding puppets. The constant changes by our government over the last three years have sent a message to all of us that we don,t have a free country.

  • Bill

    They tried some crape similar to this when I was in high school 30 years ago. The school administration called every class to the gym and said they wee going to start performing random searches of lockers at the school. Well they never got to search the first locker because of the due dilligence of some parents; they secured a lawyer and all it took was the threat of a law suit. I realize times theyare a changing, but I just do not see it happening here in Alabama.

  • Retired CPO

    All you people that say the school has the right to look into lockers are correct. However, if it is the right of the school that means that it is also the communities right (i.e. the tax payer). That being said, try to request permission to look into students lockers at your school without probable cause. Ain't gonna happen. Also, if it is the right of the school why did they have to bring them police into it. Couldn't they just do a search on there own. The article does not say who instigated the search. If it was the police then they would have needed a warrant to be presented to the school.

  • Ron

    Locker inspections isn't anything new. I went to a public HS in the 50's and we had surprise locker inspections then. You would be surprised with some of the things they found. People are getting to carried away about this. If something happened because of something brought to school everyone would be complaining the school didn't watch out for the students and should have been watching and taking precautions for the best interest of everyone at the school.

  • howe

    We all know that drugs, weapons and other illegal items are found in almost every school in the country and that is the unfortunate side of the coin. The school does have the authority to inspect their property including school lockers which may be used by the students or faculty. The sad part of this equation is the irresponsibilty of the parents to stay engaged in their childrens activities to eliminate the possibility of dangerous and illegal activity. We have a huge drug problem in our country and although there are laws on the books to incarcerate people for violations, it isn't a solution to this nagging problem in schools where it is so vital to protect our children from becoming a generation of criminals and addicts.

  • http://www.chick.com Raymond

    Is Your Food Safe To Eat?
    Let's examine the evidence... http://www.youtube.com/watch?feature=youtube_gdat...

  • howe

    One of the major problems with illegal activity in our schools is bad teachers and lack of educational material that gives a clear picture of the irresponsible activity and methods to deal with it. Unions which allow bad teachers to remain in schools doing nothing to raise awareness, irresponbile parents, and a govt dept of education that spends all the taxpayer money protecting the unions and overreaching with meaningless regulations are doing nothing to help our children. When WE THE PEOPLE allow govt to invade our lives it is usually because we can't seem to manage our own lives. This President and his administration do not know how to fix our education problem, so my advice is to fire them on 2 Nov 2012 and vote for people who will eliminate the govt dept of education, discourage teachers unions, secure our borders and use our military to stop the massive invasion of drugs and criminal activity by the drug cartels. We have a broken school system in America, because we allowed politics and greed to gain control of our schools.

  • The Bob

    Ok Folks, think about this. When you enter public (Especially Federal) buildings, you are usually confronted with a sign that basically says that upon entering this building, you are subject to search. If you live near a US military installation or any federal installation that is encompassed by fenced real estate, you will see similar signs. This has been done as far back as I can remember. Public schools are State government owned, and the staff is on the State payroll, and signs of a similar nature should be posted in conspicuous places around the campus and at all building entrances. In case you've never noticed, we never have had 4th Amendment protection in public owned venues. And now, allof a sudden this offends your sensibilities. Normally, I'm as conservative as any of you, but the safety of the children takes precedenceover over their presumed 4th Amendment rights. Give this a little more thought before you condemn this practice. I haven't read that this school makes these searches a part of their regular routine. Have any of you?.

  • rowley

    Abolish the Fed Dept of Education.

  • PaigeN

    This is called "in loco parentis" and public schools all have this by default. http://en.wikipedia.org/wiki/In_loco_parentis

    Recently our public High School had a drug bust and students were arrested for drug sales and use. Parents were in an uproar because they weren't notified of the drug bust until they were called to have their children released from police custody.

    Personally, I don't have an issue with my child's locker or backpack being searched while on the premise of school. My child will learn that they are not above the law and the privacy is earned, not a right.

  • http://www.chick.com Raymond

    Pictures of Nancy Pelosi With Her Make-up on
    & With Her Make-up off. http://www.thelookingspoon.com/index.php/3129-wea....

  • Texas Pete

    This is so wrong on many levels, just because they are not of voting age, does not mean they dont have any rights under the constitution!!!! I feel for the police who are trying to do their jobs, however they should not be allowed to violate anyone's rights guaranteed under the constitution, or else it becomes a police state!

  • Pastor Carmen

    Where is the ACLU on this one?

    • ScottSchoemann

      Right where they belong... NOT INVOLVED!

  • Challenger

    Sooo...it's still not clear why the search was initiated and conducted. Had to be a reason...one would think. The report isn't specific about lockers (only) being searched or students' personal property being searched (which was not in lockers, i.e., clothing and other items not in lockers). I get the fact that lockers are school property, but personal belongings are not school property. Does that school mandate that a waiver (of students' rights) be signed as a condition of attending that school? The argument doesn't stand that suggests that children do not have the same rights granted in the Constitution (that adults do). We all have equal rights. The issue comes down to first, more facts need to be brought out regarding the incident...and not just hand over complete authority to a school or police to trump people's (yes, students included) rights.

  • R. H. Appleby

    Just a correction - The name is John Whitehead of the Rutherford Institute, not John Whitefield.

  • Golden Girl

    What eveyone seems to be overlooking is why the search was done. Have you not heard about the guns, knives, and drugs these kids are bringing to school?. The ones who would hurt your child, sell her/him drugs? I say let them search the lockers and book bags if it will save lives. Would you not be more upset to have a dozen kids and teachers killed by some kid with a grudge? Maybe they should have given warning to the kids and let them hide the very stuff the police would have been looking for. Just be grateful your kid was not one who was found "holding" some illegal weapon or substance. Too many people want to jump on the police for doing their job instead of being grateful we have them out there risking their lives to protect us and the kids.

  • Rory

    If I recall my constitutional law class, until a child reaches the age of 18 years they are not a full citizen of the United States. Additionally the lockers, halls, and classrooms are school property not the students, nor their parents property.

  • Bob Stanton

    I grew up in New Jersey. When I attended high school in the early 70's it was a monthly occurance to have our lockers checked for drugs. In fact the lockers were constructed so as 1 single key could be turned at the end of the row and all lockers opened. I am also retired US military. Every time I enter the base, even as a retiree, I agree to a complete search of my vehicle without warrant if requested by the security forces or base commander. Both ideas are founded on the fact that, while at school or on base, I was on government property. If it keeps drugs and weapons out of the hands of the school kids and military, and keeps them safer; I am in favor of it.

  • Homer

    PEOPLE...THE ISSUE at stake here is ILLEGAL SEARCH and SEIZURE! IF we give up ONE right we give all of them up! Ther "MUST" be probable cause shown and a warrant to search MUST be issued and gotten before this ILLEGAL search can and should be done!!! ILLEGAL starts at the lowest places and ends up in a POLICE state!! Let's get back to the Issue! WE have let an ILLEGAL into the presidents office and he/those who installed him are setting up a "POLICE" state!! Nations do NOT fall for no reason, they fall because they are made to fall, and by design!! It may to bad to say that so many of you will scream bloody murder and wonder how the police and the military have complete control of all in this country!! Then it will be TOO stinking late!! WAKE UP!!!!

  • Homer

    WE DO NOT leave our Constitutional rights at home when we leave our houses, they stand no matter where we go! NEVER give evil a chance to get advantage of you or it will!!

  • Vazir Mukhtar

    Isn't the point here that the students had no reasonable expectation of privacy, even if their possessions were locked away in a locker? Readers may reject that proposition, but I'll lay odds that this reasoning will be part of the defense of what was done.

    Two things everyone should learn as soon as they are capable of doing so : (1) Never put anything on paper that you wouldn't want posted in one of the social media or printed above the fold in a newspaper; (2) Never carry into, much less store in, a public place anything you wouldn't want displayed for all to see.

    I should add a third: Never tell anyone anything you don't want to become public knowledge. Benjamin Franklin had it right: "Three can keep a secret if two of them are dead." BTW, he wasn't advocating murder.

  • Guest

    Barack Hussein Obama may be completely delusional. Tim Geithner's claims that O isn't in charge; I am in charge of the US economy; and I'm going to stay in charge for (how long?) -- these argue that BHO is functionally off the planet. But if his feet do now and then touch the ground, Barack knows that his record would doom his second term in anything resembling an honest election. How then might he try to nullify, or even prevent, the 2012 election? He has the new, improved version of Dubya's Patriot Act, the recently passed National Defence Authorization Act, and a perfect record of trampling civil rights without facing any physical resistance. He probably owns the law enforcement organizations of most major cities through the Progressive Police Chiefs of America; some of the military (especially top brass) might obey unlawful orders; Occupiers might distract us if they can Occupy Red State Polling Places, New Black Panther Party members and some union members might round out his brownshirts. If his second term requires violence, surprise and "overwhelming force" just might win it for him: as I remember it, street fights mostly ended pretty fast, and he who hesitated usually took almost all the damage.

  • LBuddG

    I an certainly not an attorney and frankly concerning our current President, I feel he may very well be the beginning of our 'end'! As far as student searches go, I believe that there simply ARE NO civil rights as we know them in our personal lives. Lockers can be such searches, I think that even a search of pockets, coats, etc. SHOULD be allowable and legal. HOWEVER, anything found in such searches likely will NOT be allowable in a court of law. Children are already being suspended and worse by simply having knives, firearms, and other items in school, regardless of how they were obtained or how discovered. Like a driver license, PUBLIC education is NOT a right, it's a PRIVILEGE! Police can stop you OR set up a road block and give you a breath, urine, or personal motor test....and By The Way, that one IS accepted as evidence in a criminal court trial. In many /most(?) states, you can refuse to take this test.....of course you LOSE your license by doing so! This has been found to be COMPLETELY legal, and is accepted pretty much by all. Think that Mothers Against Drunk Driving has a problem with this alleged breakdown of your Civil Rights? How about the parents of students in the various schools that have lived through situations of children running wild with firing guns in classrooms or on campus. Also, the old standby, the cancellation of your right to speech....try standing and screaming "FIRE" in a crowded theater....and that's only a public safety threat. Passing, selling, buying drugs and certainly bringing firearms on campus is FAR more an immediate danger to the lives and welfare of our most precious commodities, our children.

  • catzpaw

    Our Constitution is just a worthless piece of paper. Obama ignores it, Holder ignores it, many congressmen and senators ignore it, and even the courts ignore it.

  • ILLEGAL-ALIEN POTUS

    Welcome, it has arrived.. try to change it and be arrested for being a TERRORIST against "THE STATE"....

    Welcome to the beginning of the NWO....they have arrrived.. What are you going to do about it???

  • westtexaslibrarylady

    What's new about this? We had shakedowns in public schools in Texas back in the 70s. There was never any assumption of privacy. The principal could cut the lock off a locker any time he wanted. The police could bring in the drug dogs any time they wanted.

  • Bill

    If the student paid a locker fee, that would be similar to paying rent on an apartment. Even though a landlord owns the rented unit, the renter still has constitutional protections. Maybe this needs more thought...

  • Gene

    The supreme court has ruled on this issue years ago. there is no presumption of privacy in a public school. These same parents would sue the school if little Johnny or Mary were hurt buy a crazed student. they also demand the schools are kept drug free.

    The the simple questions are? What harm was done? How are the to keep the schools drug free or safe for their offspring/
    Good decision. by the Court

  • R. Sheridan

    The U.S. can’t become a Police State until the 4th Amendment is either terminated or so watered down it has no legal effect.

    One can’t help wonder if today’s outspoken Americans that lawfully defend the Constitution, e.g., writers and bloggers will soon be deemed belligerents by U.S. Government—constantly stopped, searched and questioned by police; forced at TSA Checkpoints—to endure without probable cause, pat downs and repeated X-ray scans. Historically one can’t help recall the Nazi Military and Police randomly stopped, searched and delayed German Citizens boarding trains, buses and driving. Civilians deemed politically undesirable were repeatedly targeted for search and questioning, intentionally made late or miss work causing German Citizens to lose their jobs. Many Citizens placed on (Nazi do not hire lists) could not survive, similar to the no hire lists U.S. Homeland Security started in 2010. It is foreseeable TSA will intimidate Americans from traveling.

    The Obama government recently ordered 500 X-ray vans that Government and Police will use to X-ray Citizens on the street, inside their private homes and vehicles, exposing Americans and their families to radiation. Obama’s X-ray Vans can be used by the military or police to secure perimeters to control civil unrest and instances of revolt; scan Citizens at a distance that might be carrying guns, cameras; any item. Does Obama expect Americans to revolt?

    One can only guess how much radiation is transmitted into the bodies of Americans by U.S. Government and Police covertly scanning private homes, repeated scanning without warrants—of Americans walking on the street; driving vehicles; “Persons of Interests”—potentially damaging their health. Had the Nazi police or Gestapo had X-ray scanners, no doubt the Nazis would have manufactured any reason or no reason to repeatedly x-ray at checkpoints, anywhere—persons the Reich deemed politically or socially undesirable, until either a targeted person was too ill to travel or dead.

  • ncrdbl1

    Actually this is NOT a leftist ruling. The lockers are OWNED by the school system and the students have no fundamental right to privacy in a publicly owned locker.

  • D.J.

    OK, maybe our understanding of "property" is wrong here. First of all, who do the lockers belong to? When they issue the locker's use to a student, do they then BELONG to the student? I'm not sure, just asking. So, parents, if you don't want your kids' belongings to be searched, the lesson here may be, don't use the school's lockers for anything but school-issued books. Backpacks can be used for everything else and kept with each student. THEN, if they search through purses and backpacks in the possession of the student, you might be on firmer ground with constitutional invasion. I think I might be in favor of drug-sniffing dogs who "qualify" a locker as searchable, but what exactly were they looking for? Drugs, guns, knives? Shouldn't guns and knives have been detected at the metal detectors (I've been hearing they are in most schools now, but are they in this one?)? That would just leave drugs, which could be sniffed out by dogs, possibly (how many zip-lock bags can a dog sniff something through, anyway?). Finally, remember that private schools and homeschools don't invite the police in to do random searches.

    • gl

      That is true. The school can search lockers and desks legally because they are issued to students for the school year. But bags, clothing, and vehicles are off limits unless correct documentation is authorized and present during searches.

  • gl

    The 4th Amendment was violated. Randomly searching people can be considered prejudice profiling. But the constitution clearly states that a warrant is needed without reasonable cause. Unless police were given information about a shooting or drug dealing, they had no right to randomly search students and lock down the school without notifying parents.