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| ‘How Far Can They Go?’ Police Search of Hundreds of Students Stokes Lawsuit and Constitutional Questions | |
| (about 5 hours later) | |
| Worth County High School was buzzing with late-year activities on April 14. Seniors had recently taken their group photo for the yearbook and were days away from voting for their prom king and queen. | Worth County High School was buzzing with late-year activities on April 14. Seniors had recently taken their group photo for the yearbook and were days away from voting for their prom king and queen. |
| But on that Friday, beginning around 8 a.m., dozens of police appeared on campus and announced that the school was on lockdown, which lasted until about noon. In that time, police officers searched all, or nearly all, of the approximately 900 students at the school, in Sylvester, in the southwest part of the state. | But on that Friday, beginning around 8 a.m., dozens of police appeared on campus and announced that the school was on lockdown, which lasted until about noon. In that time, police officers searched all, or nearly all, of the approximately 900 students at the school, in Sylvester, in the southwest part of the state. |
| On June 1, with the help of the Southern Center for Human Rights and Horsley Begnaud, L.L.C., a law firm, nine of the students sued the sheriff and his deputies, alleging that they lacked the jurisdiction to carry out the body searches, which the lawsuit called “unreasonable, aggressive, and invasive.” | On June 1, with the help of the Southern Center for Human Rights and Horsley Begnaud, L.L.C., a law firm, nine of the students sued the sheriff and his deputies, alleging that they lacked the jurisdiction to carry out the body searches, which the lawsuit called “unreasonable, aggressive, and invasive.” |
| “I’ve never seen a sheriff do something this obviously unconstitutional, on such a broad scope, in my practice,” said Mark Begnaud, a lawyer representing the students. | “I’ve never seen a sheriff do something this obviously unconstitutional, on such a broad scope, in my practice,” said Mark Begnaud, a lawyer representing the students. |
| The case is still in its early stages as the suit awaits a response from the defendants. But it’s already stirring debate over a constitutional question: To what extent, if any, are students’ rights to privacy curtailed while they are at school? | The case is still in its early stages as the suit awaits a response from the defendants. But it’s already stirring debate over a constitutional question: To what extent, if any, are students’ rights to privacy curtailed while they are at school? |
| The pat-downs were exceptionally intrusive and conducted with “zero cause,” Mr. Begnaud said. | The pat-downs were exceptionally intrusive and conducted with “zero cause,” Mr. Begnaud said. |
| “Deputies inserted fingers inside of and pulled up girls’ bras, touching and partially exposing their bare breasts; they touched girls’ underwear by placing hands inside their waistbands or reaching up their dresses; and they cupped or groped boys’ genitals,” the human rights center said in its statement. | “Deputies inserted fingers inside of and pulled up girls’ bras, touching and partially exposing their bare breasts; they touched girls’ underwear by placing hands inside their waistbands or reaching up their dresses; and they cupped or groped boys’ genitals,” the human rights center said in its statement. |
| The legal complaint said the defendants, Worth County Sheriff Jeff Hobby and 29 of his deputies, had been looking for illegal drugs (they found none) and had a “target list” of 13 students, only three of whom were on campus that day. | The legal complaint said the defendants, Worth County Sheriff Jeff Hobby and 29 of his deputies, had been looking for illegal drugs (they found none) and had a “target list” of 13 students, only three of whom were on campus that day. |
| One student, identified in the lawsuit only by the initials J.E., was patted down from his chest to his ankles, according to the complaint. It added that he, like many others, was “squeezed” and “cupped” around his groin. | One student, identified in the lawsuit only by the initials J.E., was patted down from his chest to his ankles, according to the complaint. It added that he, like many others, was “squeezed” and “cupped” around his groin. |
| The student, 16, whose family requested anonymity because he is a minor, didn’t want to criticize the department as a whole, “as long as they keep me protected and keep the community in great shape,” he said in a phone interview. “But Sheriff Hobby hasn’t been able to do that his last two terms in office, and it’s kind of getting a little old, you know?” | The student, 16, whose family requested anonymity because he is a minor, didn’t want to criticize the department as a whole, “as long as they keep me protected and keep the community in great shape,” he said in a phone interview. “But Sheriff Hobby hasn’t been able to do that his last two terms in office, and it’s kind of getting a little old, you know?” |
| The sheriff’s office would not comment on the case and referred all questions to a lawyer, Raleigh Rollins, who did not respond to requests for comment. | The sheriff’s office would not comment on the case and referred all questions to a lawyer, Raleigh Rollins, who did not respond to requests for comment. |
| The Fourth Amendment of the United States Constitution guarantees people’s right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” and a series of court decisions has laid the groundwork for interpreting what “unreasonable” means when it comes to minors on school grounds. | The Fourth Amendment of the United States Constitution guarantees people’s right to be “secure in their persons, houses, papers, and effects, against unreasonable searches and seizures,” and a series of court decisions has laid the groundwork for interpreting what “unreasonable” means when it comes to minors on school grounds. |
| A key question is whether school administrators have more leeway than law enforcement in deciding whether to search students, said Richard S. Vacca, a senior fellow with the Commonwealth Educational Policy Institute at Virginia Commonwealth University. | A key question is whether school administrators have more leeway than law enforcement in deciding whether to search students, said Richard S. Vacca, a senior fellow with the Commonwealth Educational Policy Institute at Virginia Commonwealth University. |
| “School folks can’t be deliberately indifferent to something that could be harmful, dangerous or disruptive. They’ve got to do something,” he said. “But how far can they go?” | “School folks can’t be deliberately indifferent to something that could be harmful, dangerous or disruptive. They’ve got to do something,” he said. “But how far can they go?” |
| One influential decision on the subject came from the Supreme Court more than three decades ago. In 1980, a high school student’s purse was searched by a vice principal after she had been accused of smoking cigarettes in the bathroom. The administrator found evidence that she was selling marijuana. | One influential decision on the subject came from the Supreme Court more than three decades ago. In 1980, a high school student’s purse was searched by a vice principal after she had been accused of smoking cigarettes in the bathroom. The administrator found evidence that she was selling marijuana. |
| The student took issue with the search, and her case eventually made its way to the Supreme Court, which decided in 1985 that the search was “not unreasonable.” Justice Lewis F. Powell Jr. wrote in an opinion that “students within the school environment have a lesser expectation of privacy than members of the population generally.” | The student took issue with the search, and her case eventually made its way to the Supreme Court, which decided in 1985 that the search was “not unreasonable.” Justice Lewis F. Powell Jr. wrote in an opinion that “students within the school environment have a lesser expectation of privacy than members of the population generally.” |
| Dr. Vacca said that while the Worth County lawsuit could potentially lead to another influential court decision, one key detail makes this case simpler than others of decades past: Worth County law enforcers, not school administrators, are the ones who stand accused of violating students’ rights. | Dr. Vacca said that while the Worth County lawsuit could potentially lead to another influential court decision, one key detail makes this case simpler than others of decades past: Worth County law enforcers, not school administrators, are the ones who stand accused of violating students’ rights. |
| He added that events like school shootings have raised new questions in recent years about the relationship between school administrators and police. “Where are the boundaries? I think it’s getting murky,” he said. “We’ve got to have some help.” | He added that events like school shootings have raised new questions in recent years about the relationship between school administrators and police. “Where are the boundaries? I think it’s getting murky,” he said. “We’ve got to have some help.” |
| As the case unfolds, it could hinge on whether school administrators permitted the officers to conduct the search in the way that they did. The school’s principal, Harley Calhoun, had been notified that the police would conduct a search, according to the complaint. | As the case unfolds, it could hinge on whether school administrators permitted the officers to conduct the search in the way that they did. The school’s principal, Harley Calhoun, had been notified that the police would conduct a search, according to the complaint. |
| Mr. Calhoun referred questions to the school board’s lawyer, Tommy Coleman. | Mr. Calhoun referred questions to the school board’s lawyer, Tommy Coleman. |
| “I don’t think that the principal has the authority to stop law enforcement from conducting what they think is a search,” Mr. Coleman said, adding that Mr. Calhoun had no idea the search would be so broad, and so invasive. | “I don’t think that the principal has the authority to stop law enforcement from conducting what they think is a search,” Mr. Coleman said, adding that Mr. Calhoun had no idea the search would be so broad, and so invasive. |
| “The entire search was orchestrated, planned and carried out by the sheriff’s department — by the sheriff,” Mr. Begnaud said. “It’s our understanding that there was no cooperation by the school board whatsoever.” | “The entire search was orchestrated, planned and carried out by the sheriff’s department — by the sheriff,” Mr. Begnaud said. “It’s our understanding that there was no cooperation by the school board whatsoever.” |
| Sheriff Hobby could not be reached for comment. But in the days following the search, he told WALB 10, a local news outlet, that it was legal because administrators were present. | Sheriff Hobby could not be reached for comment. But in the days following the search, he told WALB 10, a local news outlet, that it was legal because administrators were present. |
| J.E., the student, said an administrator was present during the search and did not interfere with the police. But he added that no matter who was responsible for the searches, he was most concerned about how the students were affected — especially the girls and the special education students who, he said, had a worse experience than he did. | J.E., the student, said an administrator was present during the search and did not interfere with the police. But he added that no matter who was responsible for the searches, he was most concerned about how the students were affected — especially the girls and the special education students who, he said, had a worse experience than he did. |
| “As long as justice is served, then I’m fine,” he said. “But if justice is not served, then I’m going to fight until we can get justice.” | “As long as justice is served, then I’m fine,” he said. “But if justice is not served, then I’m going to fight until we can get justice.” |