Gonna throw a few responses to different posters out there:
Students don't have the same rights as adults, and it was established long ago that schools may restrict rights as they see fit for the safety of the student body. For example, a school may ban certain cloths, expression of speech, randomly search lockers, etc.
As for the search of the general population, it really depends. There were two witnesses, and if one had given a different description, or if the student suspected of having the gun said he brought it for defense against a perceived threat from another student, then the Police could be held criminally negligent if there was a later shooting. It really just depends
I can see the search of a locker: the student doesn't own the locker. Certain types of speech (i.e., clothes) are not protected. I wonder: has a student ever been penalized, suspended, or expelled for legitimate political speech such as a "Vote Bush" shirt?
And what of religion? What happens when a school prohibits Jewish students from entering the building out of fear of anti-semitic attacks?
The age thing bothers me. What if this was a public university and the police were searching 18-year old freshmen instead of 17-year old high school seniors?
What if a student refused to cooperate?
That is the $64,000 question. It has been established that, say, in a traffic stop, failure to agree to a search is NOT probable cause for a search. What do you do to a 16-year old who may be exercising their rights or just acting like a snot? Beat them into submission? Expel them from school?
I do not think the student was accually {sic} arrested.
Read more closely:
Police on Friday arrested a student suspected of carrying a handgun on campus, forcing a daylong lockdown and search at a high school.
The male student was taken into custody on suspicion of possessing a firearm, police said.
Assuming the report is not false, it sure sounds like he was actually arrested.
They also can search your Car too if on school grounds.
Even I heard that back in high school (late 90s). I always parked on the street. My children will be instructed to do the same.
There is nothing worse than arrogant, irresponsible high school kids who have a huge sense of entitlement and who constantly threaten teachers/admin with telling parents and/or calling lawyers. If we move in that direction as a society, our youth learns no respect for authority.
While I somewhat agree and understand what you're saying, where do we draw the line? Just because a student or an adult is a jerk doesn't mean they no longer have rights.
If, during a traffic stop, a 35-year old man tells the officer "F*** no, piggy" when the officer asks if they can search the vehicle, that does not give the officer the right to beat the guy and search the car.
Kids and adults are losing respect for authority because those in positions of authority abuse their power. Respect must be earned. No-knock warrants, trumped-up charges, quasi-unconstitutional laws, ignorant cops... people are getting sick of it. And how does the average citizen know who is a good cop and who is a bad cop?
Open carry is an excellent example of this. There are dozens of legitimate stories here on THR about citizens exercising their rights only to be abused by cops who think they know better. Virginia seems to be a hot-point for this stuff.
I'd rather error on the side of leaving the teachers and adim more power, than having an exaggerated "bills of rights" for kids.
Kids don't need a separate one. The drafted over 200 years ago is just fine.
And be careful, your above quote isn't that much different than:
I'd rather err on the side of giving the police and government more power, than having an exaggerated "bill of rights" for citizens.
Who knows, maybe the kid is guilty as sin. But, things like this set a dangerous precedent. Imagine if it was your kid being arrested because a loose round of .22LR found its way into his/her pants and it was discovered during one of these "searches" because another student was accused of having a gun (which later turned out to be a cell phone).
