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.
Carter Middle School in Knox County, TN, has violated my and my son's Fourth Amendment guarantee against unreasonable seizure of personal property. His cell phone was confiscated by the School Gestapo and has been sent to the County's "central security office," whatever the hell that is. I understand that cell phones and so on are a distraction at school and that students are not supposed to use them during school hours. However, my son was not using his phone. It fell out of his jacket pocket, and because it had been unintentionally left on, a teacher confiscated it and sent it to the office. I went in this morning to pick it up, and that's when they told me it had been sent off because this was his "second offense." The first was when he had my video camera at school which was also confiscated and demanded that I delete any "unauthorized" photos/videos he might have taken at school. What country is this anyway? Seems like Nazi Germany or Totalitarian USSR. Outrageous!
I was furious but did not make a scene. I've found it is unnecessary to do that because I am capable of expressing my displeasure with my eyes only.
Now I have this dilemma. Do I just do as they expect and cower to their unreasonable policies? This is surely what they want everyone to do... they want us to be intimidated and comply with their oppressive methods. They don't want us to question this erosion of our fundamental rights and protections. That cell phone is our personal property which they have very unreasonably seized and impounded. Clearly and obviously, their actions are way beyond a reasonable response to the "offense."
I think that goes against the Eighth Amendment:
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
Yeah, I really do think that requiring me to drive all the way down to some office near the old Rule High School, which is in the middle of one of the worst and most dangerous public housing projects in the city, to reclaim my wrongfully seized personal property is an excessive, cruel, and unusual punishment for my son's trivial mistake.
I need a Constitutional attorney. I swear. If people can sue McDonald's for hot coffee and so forth, then I should be able to sue the Knox County Schools for violating our Fourth and Eighth Amendment Constitutional rights. I think we need to take this all the way to the Supreme Court.