Question: Is it legal for a High school officer to search your car without permission?
Answer: The short answer is 'Yes, the officer can search without permission.'
However, it all depends on the circumstances of the case.
First of all, any Search and Seizure should be 'reasonable' according to the
U.S. Constitution. The Fourth Amendment is where your Rights against 'unreasonable'
Search and Seizure are found. There is case law regarding searches in the school
environment and those rulings are more lenient for Officers to search than other
situations. Here are some possibilities.
Before an Officer can search your car, he needs 'probable cause'. For this
situation, Probable Cause for searching a car is 'Facts and/or circumstances
that would lead a reasonable police officer to believe there is contraband (illegal
stuff) in the car.'
Example:
The Police Officer receives information that a student has Marijuana in his
car in the school parking lot.
a) The officer goes to that car, but sees nothing to support the
information he was given--the officer does NOT have Probable Cause and CANNOT
search.
b) But if the Officer goes to that car and sees what appears to be
Marijuana or Marijuana cigarettes or drug paraphernalia in the car. He now
has Probable Cause to search the car.
c) OR, the officer goes to that car and smells the odor of Marijuana
from the car. Again, the Officer now has Probable Cause to search the car.
In the school environment, the rules are a little more easy for the School
Staff and Officers. School Staff only needs 'Reasonable Suspicion' to search
a car. 'Reasonable Suspicion' can be considered as information that leads to
a 'reasonable' belief that contraband is in the car. If the information is from
School staff, or involves weapons/school safety, the Officer only needs 'reasonable
suspicion' to search. That 'reasonable suspicion' can be from the School Staff.
If only the Officer's information is involved with the search, the standard
is still Probable Cause
Example:
School Staff receives information that there is Marijuana in a student's
car in the lot. Because of the source, or the method of the information coming
to the staff, the School staff thinks the information is believable, or reasonable.
The School staff contacts the Officer with their beliefs.
a) The officer goes to the car in the lot and looks in, but does not see
anything to support the information. The Officer CAN search because the
source of his information is School Staff and Staff believes their information.
b) If the Officer goes to the car and sees contraband in the car, he now
has Probable Cause, which is more than 'reasonable suspicion', and CAN search
the car.
Example:
Either the officer or school staff receives believable information that a
weapon might be in a student's car. The Officer CAN search the car with no
more than this 'reasonable suspicion'.
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Comments |
6 thru 9 of 9 comments |
On 04/07/04
Joey from CO said:
Fact is people that Jim is right. New Jersey v. TLO states that any search held to be within "reasonable suspicion" is legal when on school property. This is less secure than your car on the street because for a warrantless search there the officer must show a cause to search "beyond a reasonable doubt". It was part of a safe schools act that was passed. But is it morally right? There we can argue for hours, but I believe that it is should NOT be correct.
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On 03/02/04
Jim from NY said:
the problem here is that YOU ARE ON SCHOOL PROPERTY there for they DO have the right to search apon reasonable suspicion.
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On 02/07/04
MS from AZ said:
Maybe the person who answered this question would like to read the 4th amendment again...
"The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized."
You see that little part where it says "no warrents shall issue" hence the constitution says its illegal unless they have a warrent. police and lawmakers like to ignore
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On 01/09/04
Miguel N from AZ said:
I dont think that any one should be by your car with out a permet!
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6 thru 9 of 9 comments |
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