Constitutional Right Violations are Actionable in a Court of Law
- Ted Novick
- Mar 13, 2023
- 2 min read
Below is an unfortunate example of the school's principal trying to do the right thing, but taking it too far and violating a student's constitutional rights. The 4th Amendment is still alive.
A principal in Edmond Public Schools in Edmond, Oklahoma faces a lawsuit after allegations of an unlawful strip search for a student back in 2021. Court documents show that on May 10, 2021, the student at Heartland Middle School was suspected of carrying a vape. However, the recently filed case by the parent of the student claims that a vape was not discovered. A representative for Edmond Public Schools told KFOR by email they cannot comment on the case because of pending litigation. The documents state that the teen was taken to a room with a “clear view to general access areas” of the school before a search was conducted in front of the principal, a school resource officer and another minor student. Additional details show that during the search the student was “commanded” to lift her shirt, [to expose] her bare abdomen and the top of her boxers, and spin. The documents also say the principal asked what undergarments the girl was wearing under her pants.
The lawsuit claims that no warrant was obtained for the search, the principal should have known that exposing the child’s midsection and undergarments amounted to a strip search and that the incident caused the student extreme emotional distress. The lawsuit also says the search violated school policy, as well as the girl’s Fourth Amendment rights though the U.S. Constitution, which protects people from unreasonable searches and seizures.
Fourth 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.
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If you or a loved one has had a constitutional; right violated by a school district, a police department or another type of government office causing harm, call the offices of Ted A. Novick Esq.,P.C. 988 South Lake Boulevard, Mahopac, NY 10541 -- 845-678-3179