Subject:

Comments:
: Hi there! : Sorry if this gets lengthy in my question. I am going to give you a case scenario. : There is a 7th grade boy who one morning before school outside the building was handed 3 cigarettes from a friend and told, take these. The boy asked why and she just said take them. Rather than just saying NO, he shoves them in his pocket because "she is there" and later breaks the cigarettes off and shoves them back in his pocket so that he can take them in to the principal after school. Why he didn't do it right away, I am not sure. Which this is being held against him. At 2:15 that day, the 7th grade boy was called down to the office and told by the principal to empty his pockets. The boy felt he did not have a choice and did what he was told. Because he had broken off pieces of cigarette in his pocket, an Office of law was called to come. He spoke to the boy with no permission from parents and without giving the boy any of his rights. The parents were not notified until after it all. Also the principal told the parents that the office was on his way over to the Junior High for another reason, but the boy had told his parents that the principal called him to cover for this reason, which meant he should of at the same time called the parents. : They say that this came to light because 4 other students came to the office and voices concerns about the tobaco in his pocket. Nobody but the girl that gave the boy them knew they were there, that he is aware of . We are wondering if he was some how set up by the girl. : Of course they will not believe that this boy was going to come to the office after school, because they feel he had ample time to do it and did not. They thought he did not need to wait until the end of the day. The boy did not think that he was doing anything wrong by having them in his pocket and seeking help after school. He broke them off so that they would no that he had no intentions of smoking them himself. (that was his reasoning) : Here's my question, that I have been trying to figure out myself with the 4th ammendment but don't know for sure. : 1. Can they search his body (clothing ect ... ) or demand for him to show them what is there, with out some kind of warrant ... or at least more proof them hear say from other students. Especially since he did not have an item that he could of harmed the other students with. : 2. If law enforcement is going to question a minor aren't they suppose to offer to have a parent present? : 3. Don't they have to tell this child his rights before the officer questions him. : 4. What if they are lieing about the 4 students ... what if there was only 1. Can they request names so that they know they are being told the truth. They need to prove that they had probable cause right? Hear say from others is not probable cause.?

Optional Link URL:
Link Title:
Optional Image URL: