News: AZ Schools
Tag joins the list of childhood games such as dodgeball and tackle football no longer allowed at schools across the country because of too many injuries and squabbles.
School told random search for student cell phones illegal
05.10.2007
A school district that stopped randomly searching students for cell phones earlier this month has received a legal opinion calling the practice illegal.
The Mohave County Attorney’s Office opinion called the random searches conducted by the Lake Havasu Unified School District “noble” but said constitutional protections protected students from searches unless there was a reasonable suspicion an individual had contraband.
“To be reasonable, a search generally must be based upon some level of individualized suspicion (specific to a certain student) of wrongdoing,” Deputy County Attorney James Schoppmann wrote. “Individualized suspicion helps protect the privacy of students from random or arbitrary acts of the District.”
Administrators at Lake Havasu High School began the random searches April 24, following a bomb scare at the school the previous week. They halted the practice at the request of Governing Board Vice President Jo Navaretta after a parent raised legal concerns. The searches were unannounced and involved entire classes, Principal Kathy Cox said.
The May 9 County Attorney’s opinion said there were cases where group searches could be justified.
“The cases that support widespread or group searches generally deal with searches conducted to protect the health or safety of students in the context of violence, danger, or criminal activity that is imminent or that has already occurred,” Schoppmann wrote. “If extraordinary circumstances support a more general search, without individualized suspicion, a student’s Fourth Amendment rights may not be diminished any more than is necessary under the immediate circumstances.”
Even if a group search can be called legal, searching the phones themselves for dialed calls or other stored information requires evidence of specific wrongdoing, he wrote.
Schools tag out contact games
Administrators take action after seeing too many injuries, squabbles
Karina Bland