Friday, April 30, 2010

Grand Valley Elementary Teacher Unconstitutionaly Searches Second Grader

I found out today that my foster brother/first cousin, Joey, got written up over an incident involving a trading card. A first grader gave him a Yu Gi Oh Machina Force card. http://yugioh.wikia.com/wiki/Machina So Joe put it in his pocket, for the time being. Well somehow, his teacher got wind that he had something in his pocket, and asked him about it. He replied that he had nothing in his pocket. So in addition to getting into trouble for possession of illicit contraband, as trading cards have reportedly been banned on school grounds, following some knife attacks over Pokemon cards http://lacrossetribune.com/news/local/article_d2f8391a-c059-11de-9457-001cc4c03286.html http://www.theescapist.com/pokemon4.htm http://www.thelocal.se/22018/20090911/, he was also cited for lying about it. I have two points to make about this. 1. This in my estimation constituted an illegal search, under the Fourth Amendment of the U.S. Constitution. http://caselaw.lp.findlaw.com/data/constitution/amendment04/ So unless she had permission from the principle to look for specific items, like a weapon, or drugs, she had no business looking at what he had in his pocket, as it was a paper which was on his person at the time. 2. By the same rational, since people fight over money, and it is said that the love of money is the root of all sorts of evil, all currency should be unlawful to exchange as well. Then we'd all be living in an anarcho-communist society. So why is it that adults don't appear to think that the same rules which apply to minors, should also apply to them, and vice versa? School children should not have to give up there civil rights upon entering the schoolhouse doors. And members of the student body should not be faulted for victimless offenses, in accordance with the "harm principle". http://en.wikipedia.org/wiki/Harm_principle

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