Is this permissible by state and federal law under the U.S. Constitution?
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07-02-2014, 02:11 PM
RE: Is this permissible by state and federal law under the U.S. Constitution?
Basically what wazzel said. If it's a government building, it is either posted on signs outside or in the student's handbook that they consent to searches like that if they attend there.

The cop is right. Just don't use drugs or bring them on school property.

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07-02-2014, 03:25 PM
RE: Is this permissible by state and federal law under the U.S. Constitution?
I think there is a gray area in that though. I get that, well, you are on their property, and use their property (lockers) therefor you kind of wave your right not to be searched. However, saying something like "Don't do drug or bring them on school property" makes me uncomfortable. Not that I think that you should do drugs or bring drugs on school property, but because it kind of feels like the old adage about the Patriot Act or NSA scandals where people say "if you don't have anything to hide, why are you so worried". It does feel like a bit of invasion of privacy to me. I don't know the entire situation, are drugs a big problem at this school? That might help me mold a better opinion.

In any event, this is part of the reason I never used lockers.
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07-02-2014, 04:01 PM
RE: Is this permissible by state and federal law under the U.S. Constitution?
I think this may be what you are looking for.

Quote:The law treats staff and faculty members of public educational insitutions as agents of the government. Therefore, the Fourth Amendment applies to public school employees, but a less stringent standard prevails. In the context of public school searches, employees may perform a search on the condition that they have reasonable suspicion. Reasonable suspicion requires a rationale basis upon which to believe that a student possesses contraband or has committed a crime. Hunches, rumors, or guesses do not constitute reasonable suspicion.

From this longer article

http://www.law.cornell.edu/wex/fourth_amendment[/i]
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07-02-2014, 05:04 PM
RE: Is this permissible by state and federal law under the U.S. Constitution?
Get the hell out of these government indoctrination camps immediately!

Of course it's not legal to make you put your bag in the hall, but "there's a policy" so you'd better.

I love the "no drugs" comments while we all know that schools are full of caffeine and cigarettes carried around casually.

Cause a stir! Tell them you do not consent to a search of yourself or your belongings. Ask if you're free to go or if you are being detained. Then leave if you can.

This is long term programming so a future generation will sheepishly open their front doors when their neighborhood is placed in lock down for its own security.

Fight back! Film the police! Say NO!

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07-02-2014, 05:08 PM
RE: Is this permissible by state and federal law under the U.S. Constitution?
One problem is, if you don't live in a big city, or a metropolitan area, it is hard to find a place to send your kid to school. You are often faced with, do I send them to a mediocre public school or a religiously affiliated private school? Tough choice. I agree with you though, and you made a great point. They weren't just having dogs sniff around the school and lockers, students were forced to put their bags in the hall. In my mind that does cross a line.
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07-02-2014, 05:11 PM
RE: Is this permissible by state and federal law under the U.S. Constitution?
The bigger question is, what would they do with a student who refused to put his/her bag in the hallway?

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07-02-2014, 05:13 PM
RE: Is this permissible by state and federal law under the U.S. Constitution?
I'd like to hope my one student left in public school would find out.

I'll bet they'd walk the dog right up to the desk and sniff it. Then blame the student for the disruption and apply some heavy handed discipline.
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07-02-2014, 06:38 PM
RE: Is this permissible by state and federal law under the U.S. Constitution?
(07-02-2014 03:25 PM)mrlmichael Wrote:  ... "if you don't have anything to hide, why are you so worried". It does feel like a bit of invasion of privacy to me. I don't know the entire situation, are drugs a big problem at this school? That might help me mold a better opinion.

In any event, this is part of the reason I never used lockers.

My health teacher claimed, in the class that I was in when this happened, "well if you don't have any drugs in your bag, why are you so worried?"

This pissed me off to the point of near-insanity.

And, to respond to your question, I have never seen drugs as being a problem at school (I've never even heard people talk about obtaining or using them).

I don't even use a locker and I was subjected to this search.
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07-02-2014, 07:18 PM
RE: Is this permissible by state and federal law under the U.S. Constitution?
(07-02-2014 05:04 PM)Regular_Joe Wrote:  Get the hell out of these government indoctrination camps immediately!

Of course it's not legal to make you put your bag in the hall, but "there's a policy" so you'd better.

I love the "no drugs" comments while we all know that schools are full of caffeine and cigarettes carried around casually.

Cause a stir! Tell them you do not consent to a search of yourself or your belongings. Ask if you're free to go or if you are being detained. Then leave if you can.

This is long term programming so a future generation will sheepishly open their front doors when their neighborhood is placed in lock down for its own security.

Fight back! Film the police! Say NO!

Free Talk Live Radio Program

School Sucks Project

Cop Block

Lol, how is this 'programming' for future illegal search of a persons house?

The school is not yours, it's not public property, it's a government owned building. I'm not happy about the searching of bags, but you're overreacting. That being said, they should have an alternative to bag search, like leaving the property or something.

Also, filming the police in public is legal, but not necessarily in private owned properties that aren't open to the general public.
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07-02-2014, 07:52 PM
RE: Is this permissible by state and federal law under the U.S. Constitution?
(07-02-2014 06:38 PM)UndercoverAtheist Wrote:  
(07-02-2014 03:25 PM)mrlmichael Wrote:  ... "if you don't have anything to hide, why are you so worried". It does feel like a bit of invasion of privacy to me. I don't know the entire situation, are drugs a big problem at this school? That might help me mold a better opinion.

In any event, this is part of the reason I never used lockers.
My health teacher claimed, in the class that I was in when this happened, "well if you don't have any drugs in your bag, why are you so worried?"

This pissed me off to the point of near-insanity.

And, to respond to your question, I have never seen drugs as being a problem at school (I've never even heard people talk about obtaining or using them).

I don't even use a locker and I was subjected to this search.

I would find your teachers response absolutely maddening as well. That kind of logic always kills me. I do understand how there is a gray are with the lockers on their property, it could be debated but I could seeing them making a justification, but I find the bags being put in the hallway unacceptable.
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