Legal Question in Education Law in Florida

illegal search

my daughter was suspended from school for having cigarettes in her pocketbook. This dicovery was made by searching her pocketbook. Is this legal for a school official to search a student or their private propery? The person(s) who searched her did not witness her smoking on school grounds. Can I sue or press charges against the school? Since I need to persue this immediately, please call me at the above phone #.

Asked on 2/23/00, 5:53 am

1 Answer from Attorneys

Kathleen Loyer Law Offices of Kathleen M. Loyer

Re: illegal search

The Courts grant public school administrators wide discretion regarding the searching of students. They are not under the same "probable cause" standard of law enforcement officers.

The Courts have held that safe schools are a priority. If your daughter knew the rules about cigarettes on campus, there's really not much that you can do. Please note that although you ask that I call you, no phone number was given.

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Answered on 3/19/00, 10:39 am

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