State+of+West+Virginia+v.+Mark+Anthony

In the state of West Virginia V. Mark Anthony, the defendant felt his Fourth Amendment rights had been violated in school. After a teacher found money was missing from her room, she filed a complaint with the school. The vice principal searched a student before Mark, and only had him turn his pockets and socks inside out, and patted him down. When they searched Mark, and had him do the same, the continued the search by going into the bathroom and searching his underwear. They found the money, and the teacher pressed charges. When Mark asked that they strike the evidence from the record, the court refused. He was sentenced to one year in prison, but instead got eighteen months probation and ordered him to remain in the custody of the West Virginia Department of Human Services. He appealed because he felt the strip search was excessively intrusive and violated his Fourth Amendment rights. The school argued that they had reasonable suspicion to strip search him, because he was serving a probation sentence already for attempted burglary and because he had access to the teacher's empty room. They believed that the underwear was a prime hiding spot for stolen goods, drugs, etc. and that the scope of the search should be deemed reasonable. The court decided that the strip search without a warrant or probable cause, not just reasonable suspicion, was in fact excessively intrusive and violated Mark's Fourth Amendment rights. They overturned the decision of the Pocahontas County Court.

Kids are getting searched for no reason at all even if the teachers find illegal substances. They don't have the right to go and search completely everywhere on a student otherwise i would say that has to be harassment.

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