This is not true at all. IN WV v Barnette and Tinker v Des Moines the supreme court said you had some form of first amendment rights. Tinker standard actually gave you full constitutional rights outside the 2nd amendment but over time our rights have been widdled away. Do not believe you have no rights in school though or what is left will be gone soon. He could challenge a student's testimony who is trying to get a lesser charge is not reasonable cause, especially after a failed search of his stuff
get one of the improtant lawyers in the area, win that. then sue the fuck out of them, probaly wont win u anything just to give them a hard time and make their life hard. its all based on hearsay
No, as said about oh....four and a half years ago, when this thread was originally started, you dont have any rights as a high school student. They can detain and search you for any reason whatsoever, even if you just look like someone who would smoke weed.
TLC vs NJ is a famous case. I think she lost that case and so would you if you fought it. School administrators and officials have more power than a police officer when it comes to searches on school grounds. They do not need a warrant or really even suspicion. Its there job to keep you safe which is why they can search you whenever basically. Im guilty of brining stuff on school grounds also though, just saying your not going to win if you fight it.
Wrong, school authority has more power than a police officer as far as searches when it comes to you being on school grounds.
reasonable doubt = suspicions sorry to say that they were within the bylaws that regards towards school premesis and property but just read this: they have the right to search you, your property (your backpack, etc) may be searched whenever a school authority has suspicion to believe the student is in possession of illegal or unauthorized materials. Students are permitted to park on school premises as a matter of privilege, not right. The school retains authority to conduct routine patrols of the student parking lots. As part of its routine patrols of the student parking lots, school officials may use such methods including, but not limited to, visual inspections of student parking lots, student automobiles, and/or the interior of a student's automobile or the use, by the school officials or others retained at their direction, of a drug sniffing animal to inspect student parking lots and student automobiles. A student's automobile on school premises may be searched if a school official has a reasonable and clear suspicion to believe that illegal, unauthorized or contraband items are contained inside the student's automobile. BUT! The hurdles erected by the U. S. Constitution's Fourth and Fifth Amendments are exclusive to the nation's public schools. Private K-12 institutions have far more leeway to conduct unfettered investigations, withhold findings if they choose, and unceremoniously ask a student or faculty member to leave. Tuition and employment contracts rule private school relationships, while America's social compact and legal contract (the Constitution) governs how public officials must act. Situations where the Fourth Amendment (and depending on the results, the Fifth Amendment) might apply: Drug testing students in extracurricular activities. Drug-sniffing dogs on campus. Locker searches and metal detectors. Backpacks, wallet, and personal computer searches. Searching a student's car in the parking lot. Given the need for school safety, the authority to conduct searches and reprimand students frequently pre-empts a student's right to privacy or demand for greater process. But it's hardly an open invitation. Schools routinely lose court cases when searches they conduct are not reasonable at the start or become too sweeping once they begin.
I don't know how it is where you live, but here when you are on school grounds they can legally search your car if they have suspicson (sp?) just like they can search a girl's purse. Schools are filled with kids, and they don't take too kindly to anything illegal on school campus.
That's some fucking bullshit. Good shit on not ratting people out though. Anyways, fight that in court bro. I hope you win the case. Try getting your stuff back too, and never bring shit to school again. Good luck and keep us posted.
If you're looking for sympathy, that's not what I'm gonna give you. The reasonableness clause established by TLO v. NJ completely gives the school the right to do what they did. We recently studied this case at length in my Civics class. You chose to bring drugs on school grounds, where your rights ARE DIMINISHED, and where the school is allowed to search you based on very little evidence at all, and now you're complaining? And about beating up the person who ratted you out, you're really cool. It was probably some dumb kid who got really scared by the administration (their job is to intimidate people into ratting people out, and they're usually good at it). Putting him in the hospital won't solve anything, and it just makes you a huge asshole. I bring weed to school all the time because I know my school isn't hard on drugs, but if I were to be caught I wouldn't bitch about how everyone else is in the wrong. While they continue to do what they are paid to do, I can only complain about the legislation surrounding the issues, not the people working for their keep. Nut up and stop bitching, the real world's a lot uglier than your protected high school environment.
yeah, there's no need for probable cause on school grounds. I hate when stoners don't know their rights.
god damn fuckin kid ratted you out what a bitch. i swear to fuck kids like that shouldn't be breaking the law if they can't keep their mouth shut.
Schools think theyre swat or some shit, which really is quite sad. They blow every single possible thing completely out of proportion. It's life though =\