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#1
well at school today they have cops searching random people, not everyone, just random people they pick out, which is mostly the punks, goths, and black kids

anyone have any idea how this is considered legal? if this is im shocked as f**k, but i'd like to know what law says how they either are or arent allowed to do this.

mostly because my friend was about to get searched and got pissed and went "have you happened to search everyone walking in that door" "no" "well thats not only profiling, thats f**kin illegal searches officer!" and he got it even worse, but i think thats cause he started yelling stuff like "What! i dont have any drugs, f**k i'll drop my pants right here, take a big reach up my ass if you wanna you piece of s**t!"

so yeah, anyone know which law says cops can or cant search you at school like this?
#2
Read the code of conduct or whatever you call it. Rights don't exist at school as long as it's, "for your own good."
#4
the police needs a warrant to search you if they don't have one you can send they asses in court
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#5
I'm pretty sure they can...they do it at our school for drug searches, like with dogs and stuff, but they don't physically search anyone unless the dog smells anything.

But I dunno. Might be a local law. I'm not sure what kind of law it'd be, if there is one...
#6
i thort they needed a warrant to search ppl on premises without arrest?
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#8
if you are in school, you are public property. Anything on school grounds is legally searchable. The second you leave them, they need a warrant, or some other form of authentication.
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#9
i dont think they can pick out individuals the way they have, thats discrimination... it is legal however for them to search through things like the school lockers, and the vehicle's (if they are parked on the school property)

EDIT: Unless they have just cause of course (perhaps someone said they saw someone else doing drugs)
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Last edited by HellBent1337 at Oct 23, 2007,
#10
I'm sure that the school can do whatever they like while you are on school ground. If you dont accept it then you can go to another school.

or at least that's what it's like in the UK.

by attending school you are giving them certain powers which allows them to waive certain rights and allows them to search you etc to prevent any incidents from happening which could endanger the lives of other pupils.
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Quote by element4433
Yeah. people, like Lemoninfluence, are hypocrites and should have all their opinions invalidated from here on out.
#11
Quote by mathieupM13
the police needs a warrant to search you if they don't have one you can send they asses in court

nope, not if your in a private school with its own rules or a public school with an "honor code" or whatever you call it.
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#12
Quote by mathieupM13
the police needs a warrant to search you if they don't have one you can send they asses in court


Not true...

Your paraphernalia can be searched at school without a warrant (such as a wallet, backpack, pocketbook, or clothing)

I take law in school, so I know...
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#13
what the hell kinda school do you go to! i have never heard of cops randomly searching people at school down here is AUS! weird.....
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#14
That happened at my school yesterday and they had a huge drug bust. I think it's "freedom of being searched without probable cause", but they can find a probable cause.
#16
Quote by Robb987123Bass
Not true...

Your paraphernalia can be searched at school without a warrant (such as a wallet, backpack, pocketbook, or clothing)

I take law in school, so I know...


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#17
Quote by Dead_End
well at school today they have cops searching random people, not everyone, just random people they pick out, which is mostly the punks, goths, and black kids

anyone have any idea how this is considered legal? if this is im shocked as f**k, but i'd like to know what law says how they either are or arent allowed to do this.

mostly because my friend was about to get searched and got pissed and went "have you happened to search everyone walking in that door" "no" "well thats not only profiling, thats f**kin illegal searches officer!" and he got it even worse, but i think thats cause he started yelling stuff like "What! i dont have any drugs, f**k i'll drop my pants right here, take a big reach up my ass if you wanna you piece of s**t!"

so yeah, anyone know which law says cops can or cant search you at school like this?


well if they were looking for drugs then they were searching the right kids right?
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#18
our school always does it on 4/20. i'd imagine that they are allowed to, but it's funny that you should mention that they searched mainly the punk, goth, and black kids.

some ginger kid threw **** out of our bus window and the driver called the cops in on us, and they were taking down peoples names, and of course the only ones were the black kids and latino kids and me for some reason (i'm yellow). but that's an entirely different topic. i hate the pigs
#19
you're under 18, most of the bill of rights doesn't apply to you. The school can basically do anything. Don't like it, sue em.
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#20
Quote by Artemis Entreri
if you are in school, you are public property. Anything on school grounds is legally searchable. The second you leave them, they need a warrant, or some other form of authentication.

Wrong. When you're on the highway you're also on public property. In fact, if you're anywhere that isn't private, you're on public property.
Quote by Lemoninfluence

by attending school you are giving them certain powers which allows them to waive certain rights and allows them to search you etc to prevent any incidents from happening which could endanger the lives of other pupils.

You can't force someone to waive rights. Even if you sign a document waiving your rights, they aren't waived. Not to mention school is mandatory up till a certain age, so you have no choice not to go to school. Even if it wasn't mandatory, there is no fair alternative.
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#21
even if you needed a warrant, patriot act says all they'd have to do is suspect you of being a terrorist.
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#22
Quote by psilocyndreams2
our school always does it on 4/20. i'd imagine that they are allowed to, but it's funny that you should mention that they searched mainly the punk, goth, and black kids.

some ginger kid threw **** out of our bus window and the driver called the cops in on us, and they were taking down peoples names, and of course the only ones were the black kids and latino kids and me for some reason (i'm yellow). but that's an entirely different topic. i hate the pigs


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#23
I don't see how it would. Even in the legal case that RiseAgainst mentioned, it says that school officials may search a student in school as long as '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.'" I don't think there's any "reasonable grounds" if it's just a random search.
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#25
Quote by Dead_End
well at school today they have cops searching random people, not everyone, just random people they pick out, which is mostly the punks, goths, and black kids

anyone have any idea how this is considered legal? if this is im shocked as f**k, but i'd like to know what law says how they either are or arent allowed to do this.

mostly because my friend was about to get searched and got pissed and went "have you happened to search everyone walking in that door" "no" "well thats not only profiling, thats f**kin illegal searches officer!" and he got it even worse, but i think thats cause he started yelling stuff like "What! i dont have any drugs, f**k i'll drop my pants right here, take a big reach up my ass if you wanna you piece of s**t!"

so yeah, anyone know which law says cops can or cant search you at school like this?

Not saying I necessarily agree with profiling, but who looks more suspicious.

Him:


Or him:
#26
Quote by Supreme Court Case New Jersey V. T.L.O.
This decision indicated that the Court did not view the rights of students in a public school as equivalent to the rights of adults in a nonschool setting. Police need to demonstrate “probable cause” that individuals they search have violated or are violating a law. School officials, by contrast, need to have only “reasonable suspicion” of unlawful conduct to justify a search of students in school. School authorities, in this view, may restrict the rights of students in behalf of the school's compelling educational purpose.
that's the definitive answer to your question TS
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#27
TLO is controlling, but it isn't the definitive answer. We only know what his observations are, which may or may not reflect reality. There's also a purpose clause in there. Some things, such as lockers, are searchable almost under any circumstance because a locker isn't your property.
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You can't force someone to waive rights. Even if you sign a document waiving your rights, they aren't waived.

That's not universally true. It depends on the specific right.
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Last edited by Dirk Gently at Oct 23, 2007,
#28
Yeah, because swearing at a police officer is really mature...idiot.

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#29
Quote by Chickenparts
Not saying I necessarily agree with profiling, but who looks more suspicious.

Him:


Or him:



They both scare the **** out of me
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#32
Quote by Mr. B
now that were on the topic, does anyone know if its legal for my wrestling coach to drug test the whole team at the beggining of the season?

Yes it is.
#33
Quote by Dead_End
so yeah, anyone know which law says cops can or cant search you at school like this?


They can search your locker or any where else on school property. When it comes to your own body, they must have probable cause, OR your permission. Just say no. Do NOT get violent. Do NOT yell and scream. Just say NO. They can deny you entry into the school, but eventually that gets resolved. It's a royal pain in the ass, but if you're up for it, you can buck the system. If you do it wrong, however, you will just make yourself look like an ass, and cause great trouble for yourself.

Most people don't object to these kind of searches, because they are glad to prevent drugs and weapons from entering the schools. Public opinion WILL be against a person who resists the searches. There is no law about public OPINION.

Proceed at your own risk.


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#34
Quote by Mr. B
now that were on the topic, does anyone know if its legal for my wrestling coach to drug test the whole team at the beggining of the season?


i would say it's legal
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#36
Quote by Mr. B
now that were on the topic, does anyone know if its legal for my wrestling coach to drug test the whole team at the beggining of the season?

yes.

you don't have to join the wrestling team. if you don't want to be tested don't join.
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Quote by element4433
Yeah. people, like Lemoninfluence, are hypocrites and should have all their opinions invalidated from here on out.
#37
Quote by Wayward_Son
I don't see how it would. Even in the legal case that RiseAgainst mentioned, it says that school officials may search a student in school as long as '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.'" I don't think there's any "reasonable grounds" if it's just a random search.


Yes it may not seem like there are "reasonable grounds" for a search, but reasonable grounds are very easy to come up with. "Suspicious activity" is enough for reasonable grounds.. This can mean anything from wearing a hoodie to "hide your face" or not being polite to the cops. Its legal, I'm sorry.


Quote by Vornik

You can't force someone to waive rights. Even if you sign a document waiving your rights, they aren't waived. Not to mention school is mandatory up till a certain age, so you have no choice not to go to school. Even if it wasn't mandatory, there is no fair alternative.


Yes you can't force someone to waive your rights, but when you sign the document to attend school, you are waiving your rights. Period. While the "school is mandatory" excuse is an interesting argument, it won't hold up in court. After all, there are "fair alternatives" maybe not fair, but there are alternatives. Home-school, or private school.
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#38
Quote by SomeoneYouKnew
They can search your locker or any where else on school property. When it comes to your own body, they must have probable cause, OR your permission.

The burden is reasonable suspicion, not probable cause.
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#40
Quote by Dirk Gently
TLO is controlling, but it isn't the definitive answer. We only know what his observations are, which may or may not reflect reality. There's also a purpose clause in there. Some things, such as lockers, are searchable almost under any circumstance because a locker isn't your property.

That's not universally true. It depends on the specific right.

Wow this is like twice in a month I haven't been able to take offense at one of your posts. Damn lawyers!!!
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