Issues with the Richmond County School District

Rather than rewrite something I already wrote, here's the letter I sent to the Superintendent of the Richmond County School District:

"Superintendant Bedden,
Before I get into my issue, let me tell you a little bit about myself.
I am a Soldier. I am a Captain in the United States Army. My job is to support and defend the Constitution of the United States of America. I have served in combat operations in numerous locales in the Middle East.
I am a father and a husband - my family comes first. I do everything within the limits of my power to protect them. I watch my children; I see what they do online and at the playground. I allow my oldest daughter, Amber, to carry a cell phone for emergencies and also because it is embedded with a GPS locator that enables me to see where she is at any times. I know that the possibilities of anything happening to her on the way to, from, or at school are not high – but they do exist.
I am sure you are aware of the very recent attempt made to kidnap a 10 year old girl from a school bus stop area. This situation is exactly why I have a GPS enabled phone that I insist my daughter keep on her person at all times.
That is who I am and what I do.
Now for the issue at hand:

On 15 August, 2007, my daughter, Amber, was randomly picked out for a search of her person and bags as soon as she got off the bus. There was no suspicion of any wrong-doing or contraband. During the illegal search, she voluntarily handed over her cell phone and explained to Officer Ward, the searching officer, why she had it and that it was at my express order. She knows to follow the orders of law-enforcement officials and did so.
When Officer Ward called me and informed me about the situation, I waited until my other children were home from school and went down to Langford Middle School to talk with him about the situation and how I could get my property back. Officer Ward said that he could not release my property to me and that it would have to be released by the Superintendent’s Office. He was professional and courteous at all times and provided me with the information I needed in order to contact your office.
I picked up Amber from the school at that time because school was over and proceeded directly to the Richmond County Department of Education building. I entered the building and was addressed by the Public Safety officer at the front desk. I informed him of my desire to speak to someone in your office and was asked why. I explained the situation and he flatly said, “Confiscated cell phones are held for 365 days.” I again requested to speak with someone in the Superintendent’s Office and instead was directed to the Public Safety office down the hall.
Once in the Public Safety office I spoke with the receptionist and explained the situation. She also told me flatly about the “365-day confiscation” policy. I was then escorted to the office of Captain Ted Brown.
I again explained the situation to Captain Brown who told me, in addition to the “365 policy,” that there are signs outside of each school stating that all students consent to searches by coming onto school property. I did not remember if there had been or hadn’t been, so I did not comment on that at the time. Captain Brown explained that he could do nothing and could not return my phone to me. I explained that I realized he could do nothing which is why I had wanted to speak with someone in the Superintendent’s Office. He said that the Superintendent couldn’t do anything because it was a school board policy.
Once I left Captain Brown’s office I attempted to make an appointment to speak with you or someone in your office. The voice-mail I was transferred to was full, so I tried again and spoke with Candy who took my name and phone number and told me that either yourself or the Deputy Superintendent would call when the meeting was over. I did not receive a call that night.
After leaving the District Offices I went back to Langford Middle School to verify was Captain Brown had said about the signs. As it turns out, there are no signs indicating a consent to search by coming on school property at either Langford Middle School nor Copeland Elementary (where my other children attend school). I took pictures of the lack of signs.
While I waited for a phone call from your office, I began researching my rights and my daughter’s rights. I am now considering pursuing a case against the Richmond County School District and Board of Education for violating my daughter’s Fourth Amendment Right under the Constitution of the United States to be secure in her person and property.
I called again on Friday morning and Friday afternoon and was told by a cordial receptionist that she had given my message and request to call to Mr. Thompson. She also said that she would reissue the request for me. She still had my name and phone number on hand and repeated it back to me. I did not receive any calls from your office on Friday.
When Officer Ward first stopped my daughter as part of a completely “random” search without cause of reason to be suspect that my daughter had done anything wrong, he – and the district by authorizing him to do so – executed an illegal and unlawful search of my daughter and her possessions. During that search, he confiscated her cell phone. It is my contention that because the initial search was illegal, all items confiscated at that time were seized unlawfully.
The United States Supreme Court has made it clear that the “Fourth Amendment applies to searches conducted by public school officials because ‘school officials act as representatives of the State, not merely as surrogates for the parents.’” It also stated that, “the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject.” So, if Officer Ward was acting as a school official he would have had a lower standard of suspicion to execute a search, however, he would still need “reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.” As this was, admittedly, a completely “random” search, there was clearly no reasonable grounds for suspecting that the search would turn up anything. If, however, Officer Ward was acting as a law enforcement official, and NOT a School Official, the burden of having some probable cause would be even greater than as a school official.
Either way, the search was unlawful and was a violation of my daughter’s Constitutional Rights. I am fairly certain that the Richmond County School District is also subject to the laws of the State of Georgia wherein the Constitution of Georgia states that, “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 warrant shall issue except upon probable cause supported by oath or affirmation particularly describing the place or places to be searched and the persons or things to be seized.” Again, the District is in violation of the Constitution of the State of Georgia.
During the search, my daughter’s cell phone was confiscated by Officer Ward of the Public Safety Department of the Richmond County Board of Education. If the Public Safety Department is an actual law-enforcement agency in the state of Georgia, then the following Georgia Code applies:
Title 17
O.C.G.A. § 17-5-2 (2007)
An inventory of all instruments, articles, or things seized in a search without a search warrant shall be given to the person arrested and a copy thereof delivered to the judicial officer before whom the person arrested is taken. If the person arrested is released without a charge being preferred against him, all instruments, articles, or things seized, other than contraband or stolen property, shall be returned to him upon release.
As my daughter was not charged with any crime, my property should be returned as it is not contraband to anyone except the school district which does not have the authority to deprive me of my property.
I hope that we can resolve this matter without it progressing into a bigger incident. I started at the bottom of the chain, giving every level of authority the opportunity to rectify the situation. At this stage, I am running out of people to talk to.

In order to resolve this amicably, all I am asking for is an apology from the School Board or its representative, to my daughter for infringing on her Constitutional Rights; a statement by the School Board clarifying the authority of the Public Safety in specific regards to “random” searches; immediate return of my property; and a waiver so that my daughter can keep her cell phone in her school bag in the “silent” possession.

If we are unable to come to a satisfactory and timely conclusion, my next contact will be with the State of Georgia Board of Education, the Richmond County Sheriff’s Department and the ACLU.

I appreciate your timely response.

Thanks,

Bryan XXXXX
Captain, Signal Corps
United States Army"

I swear, I'm THIS close to home-schooling the kids. Even if its just so that the school district loses money by them not being there.