Lawsuit: GA Sheriff orders "hands on body searches" for Entire High School Student Body

originally posted by: Tekaran
a reply to: Liquesence

As bad as this is, it's also sad that there are drugs coming into the schools in the first place. I was in high school in the early 90's. I'm sure drugs was all around me then, but I had never seen any or heard about it.

Well, drugs have always been in schools, for a very long time, at least. Just a day or two ago there was a mass overdose in a middle school here in GA, with 4 dead and dozens hospitalized.

Death toll rises in mass overdose in Middle Georgia

a reply to: marg6043

And for outrageousness of the situation I will be very skeptical of the so call injustice that the law sue plaintiffs are claiming.

I'm not so sure. The blanket personal search of everyone in the absence of reasonable suspicion is the issue. A good lawyer could very well win such a lawsuit, for the simply fact that the blanket search of everyone in the school without reasonable suspicion of any kind is a violation of already established law, especially when there were already a dozen students who they had planned to search but extended the search to every single person without cause.

They have a very good case, it seems.

School Searches

A copy of the lawsuit is at the bottom of this article, and there is also a link to download a pdf of the complaint.

Additional details from the article:

The Sylvester, Worth County NAACP said it is working on a petition to get Sheriff Jeff Hobby removed.

Other Worth County High parents told WALB that they support the lawsuit against the sheriff.

Jonathan Luke and his 15-year-old son are not part of the lawsuit, but he said his son was one of the many students who feel their Fourth and Fourteenth Amendment rights were violated during the controversial search. . . Luke said he thinks his 15-year-old son was treated like a criminal.

"And treated worse in my opinion, going down searching for track marks between toes, emptying his wallet," said Luke.

originally posted by: peter vlar

originally posted by: JIMC5499
a reply to: midnightstar

If the school gave permission no warrant is required.

However, not allowing students to call their parents and have them present for the search, now there's your lawsuit.

The school can not authorize warrantless searches of individuals, only things like lockers because the lockers are school property. The individual and their person are still subject to the 4th amendment and requires a warrant if there is no probable cause. A blanket search of the entire student body is the epitome of a warrabtless search with no probable cause or exigency. This was a massive violation of the 4th Amendment here and any LEO who participated should be removed from the job.

Couldn't have said it better myself.

If I were a parent, and this happened to my kid(s), I would make sure to find the children of the staff responsible and do the same to them (without a warrant, of course).

I wonder how many seconds it would take until the shoe ended up on the other foot and hypocrisy prevailed.

This is some sick stuff here. Real sick. But here's the real problem: We know bad people do bad things. When good people do nothing to stop them, they do worse.

Lawsuits have their place, but I don't have much faith in the courts these days. And this kind of crap requires immediate action. But I'm betting dollars and donuts the vast majority of those parents sent their kids right back to school the next day. And not one pulled their kid out completely and told those disgusting perverts that their child would never step foot in a public school again.

I know... I know... most parents aren't in a position to send their kids to private schools or to homeschool their kid. Or so they think. And I say "think" in the sense that they've been taught to think that they have to do certain things in certain ways at certain times, from their own job to educating their kids. Parents aren't up to the job.... gotta let the "professionals" do it. Government critters aren't going to tell these parents that they have more options than ever, including online classes. Here in AZ with our voucher program, parents can enroll their kids for free or low cost at online schools like this one:

Arizona Connections Academy

We have to do better to empower ourselves and each other. And just say "No dammit!!!" when proper and appropriate. This is definitely one of those times.

a reply to: Liquesence

I have to say that in my neck of the woods the fastest way to make money is with a law sue, that is why I feel skeptical of what really went on in the county, I will wait for more information.

Usually this things died down rather soon after if found that is was nothing but a way to make money.

Is not the first time that this supposedly outrageous claims are been filed.

a reply to: marg6043

You could be correct. But even the lawyer for the school district says that the students' accounts are accurate, and the school district is not a party to the lawsuit, unless they're just trying to save face (in which case they would be lying).

Tommy Coleman, a lawyer for the district, corroborated the students' account of the search. “I thought the [students'] complaint in the suit very accurately described what happened,” he said. “We'd like for it to be resolved in the best interests of these kids.”

The district hasn't joined the lawsuit on behalf of the students because it lacks the standing to do so, Coleman said. The lawsuit contends that the students, not the school district, were harmed by the searches.

originally posted by: RomeByFire

originally posted by: peter vlar

originally posted by: JIMC5499
a reply to: midnightstar

If the school gave permission no warrant is required.

However, not allowing students to call their parents and have them present for the search, now there's your lawsuit.

The school can not authorize warrantless searches of individuals, only things like lockers because the lockers are school property. The individual and their person are still subject to the 4th amendment and requires a warrant if there is no probable cause. A blanket search of the entire student body is the epitome of a warrabtless search with no probable cause or exigency. This was a massive violation of the 4th Amendment here and any LEO who participated should be removed from the job.

Couldn't have said it better myself.

If I were a parent, and this happened to my kid(s), I would make sure to find the children of the staff responsible and do the same to them (without a warrant, of course).

I wonder how many seconds it would take until the shoe ended up on the other foot and hypocrisy prevailed.

(Cough, cough)

Uhhhh...did you read that aloud before hitting enter?

a reply to: midnightstar

MS?..I seem to be following you today....wow..the way this was handled is waaaaaaaaay wrong in all ways.

It would seem just a dog could be allowed into school...anywhere in fact. If he alerts, then they have legal probable cause. The dog only be needed for "keeping the students safe".

That would be legal, and the alerting would give cause. Hard to beat that in the "guarantees" made to the parents as "we are just protecting your kids, our students and staff...and keeping the school safe". And they could do that...and probably get away legally....

I believe still...the searches are illegal...without a search warrant and probable cause (which they could and would get). Bad deal all the way around for the students

MS (the other MS)

a reply to: mysterioustranger

It would seem just a dog could be allowed into school...anywhere in fact. If he alerts, then they have legal probable cause. . .

That would be legal, and the alerting would give cause.

That's the thing, and it would have been a whole lot easier, but they went this route? Unless they were searching some type of drug that would be harder for a dog to pick up on, not pot but pills in a plastic bag, or acid, or something.

Why the felt the need to feel up and search 900 students over a four hour period is just...baffling. Maybe the community does have a drug problem, but you don't throw the constitution out the window for convenience.

originally posted by: RomeByFire

originally posted by: peter vlar

originally posted by: JIMC5499
a reply to: midnightstar

If the school gave permission no warrant is required.

However, not allowing students to call their parents and have them present for the search, now there's your lawsuit.

The school can not authorize warrantless searches of individuals, only things like lockers because the lockers are school property. The individual and their person are still subject to the 4th amendment and requires a warrant if there is no probable cause. A blanket search of the entire student body is the epitome of a warrabtless search with no probable cause or exigency. This was a massive violation of the 4th Amendment here and any LEO who participated should be removed from the job.

Couldn't have said it better myself.

If I were a parent, and this happened to my kid(s), I would make sure to find the children of the staff responsible and do the same to them (without a warrant, of course).

I wonder how many seconds it would take until the shoe ended up on the other foot and hypocrisy prevailed.

Then in the end, you're actions would be equally reprehensible, if not more so. Actually, I'm going with more so if you feel it's acceptable to cause harm someone else's children in retribution. What was it my grandmother told me when I was 3? Oh yeah... two wrongs don't make a right. I just can't fathom the rationale behind this sort of reasoning.

a reply to: Liquesence

BODY searches???? The guy went too far. Way too far....We have several dogs in our different depts at the L.E.O. centers here. They are really good at detecting. Drugs, chemical, explosives...

If you just stopped by a friends house who was doing something...those dogs would pick it up off you in a second...you just being near something.

I could see probable searching-cause in a school, but done legally and get the parent involved. Never, ever is illegal search and seizure without probable cause right or even legal as I stated.

Again...and BODY SEARCHING. NO. Just NO!..Get a reason, call the parents, get a dog, go for it. Thats way over the line..but I suppose if it was warranted (with a warrant and a parent) then.......

That to me is downright oppressive police state stuff right there. I hope they sue and win millions. They basically molested a whole school of children and think that's ok!

Found this at the Georgia Department of Education

Personal Searches
A student's person and/or personal effects (e.g. purse, book bag, etc.) may
be searched whenever a school official has reasonable suspicion to believe
that the student is in possession of illegal or unauthorized materials.

Whenever reasonable suspicion exists that the student possesses
unauthorized materials, contraband drugs, or other items deleterious to the
safety and welfare of the school community, the designated school official
of the same sex as the student and only in the presence of a certificated
school employee of the same sex as the student, or in the presence of an
adult who is the same sex as the student, and who is designated by the
School Director or his/her superior may conduct in private a pat down of
the student suspected of possessing the deleterious item.

www.gadoe.org...

Wonder if they followed these guidelines.

a reply to: roadgravel

Key point: reasonable suspicion.

I would argue (as I'm sure others also would on one reason this is a blatant violation of rights) that reasonable suspicion does not apply to every single student in a roughly 900 person student body, especially when the "target" of the searches was originally only 13 students. There is no way reasonable suspicion is applicable to every single person.

How does one justify expanding that suspicion to every single person?

Furthermore, as I posted later in the thread, this link shows the legality of such searches while citing various cases.

Back to what you quoted, the lawsuit states that these were not conducted in private, were conducted in the presence of other students, and many students felt violated/exposed/humiliated by these processes.

I used to live in that area. I went to school in Worth County. That county is horrible. The people in charge there and surrounding cities...like Albany (armpit of the south by the way) think they are the law. They do what they want without fear of consequences. Tommy Coleman is a P.O.S. The drugs found at the school (if any) were probably purchased from him. Roughly half of the police in that area engage in illegal activity to supplement the poor wages. The biggest drug dealers in that area are the police. Hell a nearby county sheriff used to smuggle in drugs through a farm with an airstrip.

The voters are no better. A mayor for a nearby city was busted for corruption, racketeering and fraud. convicted, sentenced, was re elected the next term.

This will get brushed under the rug like usual in that region...the good ole boy network is alive and well in the Albany Georgia metropolitan area, especially in Sylvester and Leesburg.

a reply to: Liquesence

It does seem like people overstepped the boundary. The administrators probably never actually read the rules that they were to follow, or, thought law enforcement presence changed the rules.

originally posted by: roadgravel
a reply to: Liquesence

It does seem like people overstepped the boundary. The administrators probably never actually read the rules that they were to follow, or, thought law enforcement presence changed the rules.

No, they knew the rules I am sure. They just didnt care. It was the Sheriff's deputies that conducted the search.

I am in my 40's now. I went to Jr high and high school in worth county. it was common for this kinda thing to happen. They were happy to administer corporal punishment. They would put children in storage closets for punishment . Items were routinely "confiscated" by teachers and never returned. Nothing bad mind you, but like a walkman or a nice calculator or something along those lines.

That whole area is corrupt and dangerous. Albany is the closest city and it made number 5 on the worst places to live in the country list. median income was 4 years ago anyways $12,000. The cost of living far exceeds the income in that area so it is like jungle there. Every man (or woman) for themselves

a reply to: SM2

Thank you for the anecdote (seriously).

There is rampant corruption all around, from cities to rural communities (and I live in a rural community).

The drugs found at the school (if any)

No drugs were found.

This will get brushed under the rug like usual in that region.

I doubt (hope) this is not the case simply because this is a federal class action lawsuit, so it just might go somewhere. One can hope.

a reply to: Liquesence

Oh, I hope I am wrong. I just have seen so much of it in that county. Watch it closely. It will disappear . The case will go nowhere. As it just so happens, the case would be assigned to the Federal Court in Albany, (fittingly, the William Jefferson Clinton Courthouse lol). I have seen these things happen there. Just watch.