Another Zero tolerance case.

[JPD]

http://www.conservativeinfidel.com/u...m-pocketknife/


A high school student had some things in his car, and had a good reason to have those things, but since this is in the era of zero tolerance, he is getting in trouble, and possibly having his future ruined.

[Hyena Dandy]

I'm not sure that I trust Thomas Jefferson on modern news stories, even if he is writing for "ConservativeInfidel.Com"

Edit: Honestly, there seems to be something a bit fishy in this story. It seems a bit too perfect for the narrative. I don't believe there are really judges who freak out that 18 year olds have heard of firearms.

I'd like to have more details before judging. The sound of it reminds me a little of the "Kids punished by school for playing with toy guns in their yard" story which turned out to be a "Kids punished by school for shooting airsoft guns at other students at bus stop" story.

[Rageaholic]

Here is a Huffingtonpost article on the same story.

Sounds like the prosecutor is on some power trip, but we'll see.

[Duelist925]

The huffpo article makes the kid come off as reasonable and level headed.

All in all, This is pretty ridiculous...a four inch pocket knife? I carry one with me all the time. Yes it's technically a weapon, but it was a part of an EMT kit, and was kept with that kit--not carried around.


This is an extreme overstep.

[bex1218]

Most schools, even tech schools, has a handbook (huffpost provided) and here is what it says about searches:

In the discharge of that responsibility, school authorities may search the person or property (including, but not limited to, vehicles, purses, book bags, gym bags, toolboxes, electronic devices) of a student, with or without the student’s consent, whenever they reasonably suspect that the search is required to discover evidence of a violation of law or of school rules.

So that argument is long gone. Yes as a student you have read and signed papers (or you guardians if you are under a certain age) knowing the rules.

*Edit to add*
Ok, it may not be long gone if the search was inappropriate. I don't think youtube videos should be the reason.

Only thing I can really see is the airsoft gun and maybe the stun gun, but a suspension is good enough for that. The pocket knife is iffy. If he can prove its for his EMT stuff by talking to the teacher, he should be let off.


Were the principals and prosecutors on a power trip? Yes. Good god yes. Did he deserve this? Probably not. I don't know the kid's history, so I can't say for sure.

[EricKei]

One or two things I'd really like to know about (not that little things like facts will get him back into that school, even if he is exonerated) -- the quoted passage says that SCHOOL authorities can conduct such a search. Are items that they discover considered usable evidence in court? Also, the first article said that POLICE searched the vehicle (the huffpo article sounds like it was school officials). Are they covered under that policy? If not, did they have a warrant (doesn't sound like they did) or Probable Cause?

Somebody had a bug up their ass. Maybe a VP or teacher with connections just "didn't like the kid" or something, and decided to get some petty revenge. Definite power tripping going on here.

[bex1218]

This is a case I want to watch closely. If it was just the principals only, slight case for expelling at most. But I only read huffpo, so I don't know for sure who is right or wrong.

[HYHYBT]

If school officials are allowed to search, would their finding something illegal not count as probable cause for the police to search?

[Hyena Dandy]

Even the HuffPo article is a bit hard for me to follow. I couldn't tell what the school thinks their argument IS, and that's why I'm still suspicious of the story. HuffPo are as much about clickbait as anyone else.

I mean, they may have a terrible argument. But I don't even know what it IS, so I can't judge it. >_<

[Panacea]

The SCOTUS has consistently held that a student's rights do not stop at the school door. The search seems illegal to me; a student handbook does not trump the 4th Amendment.

If the search is tossed, so go the charges. Sounds like someone has decided to set an example; makes me wonder who this kid managed to piss off to go after him this way.

[Titi]

The SCOTUS has consistently held that a student's rights do not stop at the school door. The search seems illegal to me; a student handbook does not trump the 4th Amendment.

If the search is tossed, so go the charges. Sounds like someone has decided to set an example; makes me wonder who this kid managed to piss off to go after him this way.

It does if you sign them over. Even though my son does not drive I have NEVER signed over the right to have his car or my husband's car searched because I read EVERYTHING that I sign. Allowing for the search of a vehicle of ours on school property has been in EVERY enrollment form that I have signed for both of our kids. We have nothing to hide but some people have an axe to grind against people. I was once told by the school that we had to have guns in the house because my husband is in the military and had my house searched, all due to what I had signed with the school.

[EricKei]

I was once told by the school that we had to have guns in the house because my husband is in the military and had my house searched, all due to what I had signed with the school.

Wait, they said that a military household is REQUIRED to have firearms? o_O Or did I misread that?

If school officials are allowed to search, would their finding something illegal not count as probable cause for the police to search?

That would be a question for a legal expert -- something I am not

I suppose the issue of admissibility depends on what the cops themselves do. If THEY conduct an illegal search, I am reasonably sure that anything they found would be disallowed in court. for stuff found by school officials?...Dunno. Note that, in at least some states, a school bus driver is considered to be a an "Officer" for purposes of things like "Disobeying an officer" citations (also includes cops and firemen). Maybe having a driver conduct the search would change things in one way or another...?

[Greenday]

Wait, they said that a military household is REQUIRED to have firearms? o_O Or did I misread that?

You misread that. What they were saying (So I imagine) was that because it is a military household, someone in the house almost definitely has a firearm in the home.

[wolfie]

I was once told by the school that we had to have guns in the house because my husband is in the military and had my house searched, all due to what I had signed with the school.

WTF? If something is in the HOME, rather than being brought onto school property, it's of no relevance to the school. School authorities have absolutely no right to search your home. If they think something's wrong, they can alert the police, who need to have either probable cause or a warrant (and obtaining a warrant requires probable cause) to carry out the search.

[EricKei]

Greenday - thank you ^_^