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PATC Article Detail
Title:
Officers May Be Liable for ìGang Roundupî60 kids taken from class, detained, and searched - Unreasonable
Author:
Jack Ryan
ID:
LL118
Issue:
SU1-6
Issue Date:
2004-11-01
Edition:
School
Type:
Article
Body:
In a recent class action suit, a California court re-affirmed the concept of individualized suspicion. Benitez et al. v. Montoya et al, 2004 U.S. Dist. LEXIS 21743 (N.Dist. CA. 2004), involved the roundup, interrogation and search of sixty-students, apparently for the purpose of determining gang affiliations.
The allegations are that approximately 60 students were ordered into empty classrooms by school officials and Union City Police officers and where held there for about two hours. During that time, students were questioned concerning basic biographical information as well as information relating to gangs. Officers also documented any of the students distinctive features. The students were patted down and forced to empty their pockets as well. Following the filing of a lawsuit, the officers asked the federal trial court to dismiss the claims. The police officers argued that that they should be treated as school officials, benefiting from lower standards, for purposes of this search. In reviewing the facts of the case here as alleged by the students, the court concluded that even if the lower standard were applied, the officers had no reasonable basis for conducting these searches and interrogations. As such, a constitutional violation had been established and the law was clear on this conduct, thus, qualified immunity was denied.
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