18-year olds car searched at school without his or parents consent because he’s a gun owner

OwnTheRide

OwnTheRide

.223 Rem
Messages
1,369
Reaction score
2,753
Location
Allegany
Parzival said:
From the schools handbook, reasonable suspicion isn’t very hard to prove.

We know what was reported, not the whole story.

Again, I’m not saying this was right and I hope he wins.

View attachment 274791
Click to expand...
The thing is, policies don't override the law. Anyone can write a policy and it can stand until it's tested in the courts.

Also working against them is the term "reasonable suspicion." It's been pretty well defined in courts and definitely has to be more than a hunch.

Now, as someone mentioned earlier, if there was something that was signed to give pre-consent to searching cars in order to park them on school grounds, that's a whole different ballgame. But I suspect if there was, we'd have heard about it right away.
 
C3D

C3D

.338 Win Mag
Messages
5,338
Reaction score
9,795
Location
Behind Enemy Lines
OwnTheRide said:
The thing is, policies don't override the law. Anyone can write a policy and it can stand until it's tested in the courts.

Also working against them is the term "reasonable suspicion." It's been pretty well defined in courts and definitely has to be more than a hunch.

Now, as someone mentioned earlier, if there was something that was signed to give pre-consent to searching cars in order to park them on school grounds, that's a whole different ballgame. But I suspect if there was, we'd have heard about it right away.
Click to expand...


Parzival is correct that reasonable suspicion is the correct standard. It's from a 1985 Supreme Court (NJ v TLO) case on school searches. Defined as when "there are 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."

Like I said, I think the school will win this challenge.
 
FP1201

FP1201

.338 Win Mag
Messages
6,725
Reaction score
11,215
Location
Adams, NY
GOPerfect said:
Similar to driving/parking on a military post/base.

I never needed a reason to search a vehicle. I could search just for the hell of it if I wanted.
Click to expand...
I can roll right into Drum by myself, but if I bring my Wife they have to search the Car...
Government took away all the retiree CAC Cards and I don't know what vets without VA Cards are doing, Security did issue me a "Visitors Pass" that I have to renew every year, and for the Wife a "day pass"....ironically, I could roll onto most any Base with a car load just on the Veterans Administration ID, but not the one I worked on for two decades. FWIW: The VA Card has my DoDID number on it same as the CAC and every other ID that's been issued....when we go into the Office at the Gate, having the old (last) Pass they generate a new one pretty quick, still it's a pain in the ass and the perfunctory search/inspection just aggravates the hell out of me a "Trusted Person".
 
P

Parzival

.44 mag
Messages
929
Reaction score
2,007
Location
Ex-NYer
You must log in or register to reply here.
Top