High School Basketball Players Illegally Searched at NM Regional Tournament

From ACLU-NM:
TO’HAJIILEE, NM—The American Civil Liberties Union (ACLU) of New Mexico filed a lawsuit today on behalf of To’hajiilee Community School basketball players and the To’hajiilee School Board of Education, Inc., against three New Mexico State law enforcement officers for their illegal searches during a regional basketball tournament.

“Fortunately, our young clients know that the police cannot just willy-nilly accuse them of a crime and then detain and search them, and they also know that something is very wrong when the police arbitrarily turn their power against Native Americans and no one else,” said Jane Gagne, ACLU of New Mexico co-legal director.

On March 3, 2006, basketball teams from the To’hajiilee Community School, Temple Baptist High School, the Springer High School, and the Des Moines High School competed in a regional basketball tournament hosted by Des Moines High School, in Des Moines, New Mexico. During the tournament the Temple Baptist coach reported to the police that items had been stolen from their locker room.  After items were reported missing, the police searched only the To’hajiilee team members, despite statements from coaches that the search was not necessary, and no indication that any To’hajiilee player had taken the items.  To’hajiilee is a Chapter of the Navajo Nation, and the To’hajiilee Community School is a Native American high school.

The policemen ordered the To’hajiilee team to line up on the basketball court, in front of the spectators, and then ordered the team to go into the locker room, where the team members were confined while the policemen searched their belongings.  Following the search in the locker room, police officials searched the To’hajiilee team bus which had been locked and attended to by the bus driver the entire time the alleged thefts could have occurred.  Police officials neither requested nor received consent to search any of the team members’ belongings or the To’hajiilee team bus, nor did they have any reason to believe that any of the To’hajiilee team members had stolen the items or that they would be on the team bus.  None of the stolen items were found.

“Police officials do not have a blank check to conduct searches at their will,” said Whitney Potter, spokesperson for the ACLU of New Mexico.  “Allowing police to conduct these kinds of searches of students with no consent or probable cause turns our schoolhouses into jailhouses.”

ACLU of New Mexico Staff Attorney George Bach and co-legal directors Jane Gagne and Phil Davis filed the lawsuit today in the U.S. District Court in Albuquerque.

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Download the complaint: https://aclu-nm.org/PDF/ToHajiilee_Complaint.pdf

The mission of the American Civil Liberties Union (ACLU) of New Mexico is to maintain and advance the cause of civil liberties within the state of New Mexico, with particular emphasis on the freedom of religion, speech, press, association, and assemblage, and the right to vote, due process of law and equal protection of law, and to take any legitimate action in the furtherance and defense of such purposes. These objectives shall be sought wholly without political partisanship. For more information, visit us on the web: www.aclu-nm.org.

American Civil Liberties Union of New Mexico
PO BOX 566, Albuquerque, NM 87103
Tel: (505) 266-5915 ext 1003 | Fax: (505) 266-5916
Email: wpotter@aclu-nm.org | Web: https://www.aclu-nm.org

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