General Question

flo's avatar

Does the "strip search" story of the 15yr. old constitute discrimination against minors?

Asked by flo (12653points) February 18th, 2015

Edited after a few answers:
BTW,the reason for the quotation marks the search didn’t involve the student herself.
They still are wrong for 1) not calling the police if they “suspected she was trafficking drugs in our school for several months.” and 2) for not calling the mother themselves instead of “Contrary to what the mother said, we did offer the student the chance to call her mother, but she refused to make the call, ...”

The school board policy (I think) says, in similar words:
“The belongings can be searched but not the student” which is better than the Supreme Court which said:
” ...This may require a search of the student and the student’s belongings.”
So, is there a problem with the Charter not being followed re. discrimination against minor/s?

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25 Answers

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Response moderated
Dutchess_III's avatar

Well, yeah, if they think a kid has a gun they should have the right to search them.

flo's avatar

@Dutchess_III maybe they can detain/immobilize him/her until the police get there.

Dutchess_III's avatar

Immobilizing him would be more traumatic than looking in his back pack, or telling him to empty his pockets.

flo's avatar

They have to get physical with him (if they are kind of sure) before he/she has a chance to use it wasn’t that your point?

Dutchess_III's avatar

If he started fighting they would, or acting like he’s going to go for it, yeah. It would just depend on a case by case situation.

flo's avatar

@Dutchess_III I was thinking of school shootings by the way, ...otherwise this whole thing about the 15 yr. old is outrageous.

flo's avatar

The supreme court case:
“A plain-clothed RCMP constable was present but said nothing while the vice-principal questioned and searched the students.”
http://www.snn-rdr.ca/old/jan99/jan99/search.html
Why wouldn’t the constable be the one to search them? Why would the principal want to?

Jaxk's avatar

Hell, they search backpacks when going to a ballgame. I don’t see the difference.

flo's avatar

@Jaxk How can it be similar or same? No one is obliging anyone to get naked, for one thing. No one is accusing anyone in particular, and of anything in particular. It’s everyone’s bags being searched before entering the ballpark, once they have decided that it is ok with them to be searched

flo's avatar

Here is the story.

jca's avatar

@Jaxk: You don’t see a difference between asking someone to look in their backpack and a male teacher or school admin taking a 15 year old girl into a room where it’s likely just the two of them and making her take her clothes off and searching her?

Jaxk's avatar

Yes, I do. I was focused on the bag and didn’t pay enough Attention. My bad.

flo's avatar

They searched her clothes,by,the way not her person.

jca's avatar

@flo: A strip search, by definition, means making the person take their clothes off. If you don’t strip, it’s not a strip search.

Dutchess_III's avatar

That’s a good point, @flo. When I think of a strip search, I associate it with cavity searches, which they did not do.

jca's avatar

But the strip search is not a strip search if there’s no stripping.

Cavity search is a whole different story. There would be absolutely zero reason for a school admin to do a cavity search of a 15 year old girl. Anything like that, take it to the judge and or professionals.

flo's avatar

All I know is that there has to be a different term for what occured in this case, as in no one touching or even looking at her naked body (as far as anyone knows anyway).

”....by requiring the removal of enough clothing to allow the inspection of normally private parts of the person’s body.” http://www.thefreedictionary.com/strip+search

”...a search for something concealed on a person made after removal of the person’s clothing.
http://www.merriam-webster.com/dictionary/strip%20search

I edited my OP by the way.

flo's avatar

@jca “There would be absolutely zero reason for a school admin to do a cavity search of a 15 year old girl.”

There is absolutely zero reason for it in this case either.

Dutchess_III's avatar

And they didn’t do one.

jca's avatar

I didn’t say they did.

Dutchess_III's avatar

(I was referring to @flo‘s comment, above mine._

flo's avatar

M fault.
There is absolutely zero reason for what occured in this case either is what I meant.

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