Speak Up! - View Question #454

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Question: Do I have any rights to protect against a search at school based totally on the rumors of other kids?

Answer: School personnel may conduct a search of a student or that student's locker if the school has reason to believe that contraband will be found in that location at that time. Therefore, a mere rumor that a person uses drugs probably isn't enough to justify a search. However, if a student reports that he or she saw a specific person place drugs in a locker that day, then the search is probably reasonable.

You may not physically resist a search. You may refuse to consent, and you can have a lawyer later challenge the search as unreasonable. If that happens, a judge will decide later if the search was reasonable. If it was not reasonable, any evidence found would be suppressed, or 'thrown out' when the case is in court.

The best way to avoid these legal problems is to be sure that you never have any contraband on you or in your possession at school.

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On 01/07/04
Corey from ME said:
I am sorry, but I do not consider having my freedom of speech squelched, and my rights to protection nullified in mu best interest, also freedom of choice is supressed by both schools and the government, espeially in the area of drugs.
On 11/12/03
Daphney from CO said:
Persons do not obtain a lot of their Constitutional Rights until they are the legal age of 18. This is for the younger persons' protection, even if it seems unfair sometimes.
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