Does a cop have a right to do this?`

[james42]

Wisconsin.

At school someone had money stolen from their locker and the ID and wallet was found in the bathroom garbage and i walked into the bathroom to go to the bathroom no idea of any of that happening. I was then questioned the next day because i was believed to have stolen the wallet and money, I was then asked by the school cop to give him my car keys to search my car, I argued with him until I was forced to give my keys. He then searched my care because he wanted to see if the money was in my car even though it was a day later, does he have the right to search my car for that reason?

 

[OHRoadwarrior]

Generally, school rules permit any school official or designee to search your car or other personal property, if it is on school property. Tell your mommy n daddy you want to walk to school, ride your bike or park on the street.

 

[davew128]

Generally, school rules permit any school official or designee to search your car or other personal property, if it is on school property.

I'm sorry, did the fourth amendment suddenly get ruled to no longer apply once walking through the doors of a school? No, without this thing called probable cause, the OP did NOT have to subject himself or his car to a search and if they asked for the car keys, the proper response would have been to expel the remaining gas after using the restroom.

 

[Zigner]

Sounds to me like the OP voluntarily consented to the search.

 

[TheGeekess]

I'm sorry, did the fourth amendment suddenly get ruled to no longer apply once walking through the doors of a school? No, without this thing called probable cause, the OP did NOT have to subject himself or his car to a search and if they asked for the car keys, the proper response would have been to expel the remaining gas after using the restroom.

I'm willing to be OP and his parents signed a little slip of paper and returned it to the school saying that they agreed to and would abide by the school's rules/regulations. This is not the first time a SRO has searched a car on a school lot.

 

[justalayman]

I'm willing to be OP and his parents signed a little slip of paper and returned it to the school saying that they agreed to and would abide by the school's rules/regulations. This is not the first time a SRO has searched a car on a school lot.

If he since rescinded permission, such as when he told the guy NO, what was signed is no longer relevant. Permission granted can also be rescinded and OP appears to have rescinded permission.

OHRoadwarrior
Generally, school rules permit any school official or designee to search your car or other personal property, if it is on school property. Tell your mommy n daddy you want to walk to school, ride your bike or park on the street.

school rules overrule Constitutional enumerated rights?

 

[Zigner]

...OP appears to have rescinded permission.

I disagree. The OP handed the keys over. The OP contends that he was forced to do so. I suspect that the story will be much different as told by school officials and by the police officer.

In a nutshell, it appears that the OP consented to the search and now is having remorse about doing so.

 

[Mass_Shyster]

It sounds like consent, if given, was coerced, not voluntary, making the consent invalid.

OP can file a motion to have any evidence suppressed, and file a civil rights lawsuit against the PO. OP is probably entitled to nominal damages for the fourth amendment violation, but if filed as a 1983 laswuit, a lawyer could make some money on attorney fees.

 

[Zigner]

It sounds like consent, if given, was coerced, not voluntary, making the consent invalid.

That would be for the court to decide My take on it is that he was asked for permission and handed over the keys.

OP can file a motion to have any evidence suppressed

What evidence?

and file a civil rights lawsuit against the PO. OP is probably entitled to nominal damages for the fourth amendment violation, but if filed as a 1983 laswuit, a lawyer could make some money on attorney fees.

Ain't gonna happen Steve, you know that

 

[james42]

Thanks for the feedback

 

[justalayman]

I disagree. The OP handed the keys over. The OP contends that he was forced to do so. I suspect that the story will be much different as told by school officials and by the police officer.

In a nutshell, it appears that the OP consented to the search and now is having remorse about doing so.

, I was then asked by the school cop to give him my car keys to search my car, I argued with him until I was forced to give my keys.

Not sure how one defines "forced" to be construed as consent. Even if it was not physical force, if threats were used to cause the OP to give up the keys, it was still coercion and as such, allows for the suppression of the evidence discovered. Obviously the determination will be based on the facts but to claim it was consensual when the OP specifically stated otherwise is you reading what you want into the situation. We have absolutely nothing to suggest it was consensual.

On top of everything else, I would love to know how the money stolen would be identified and how the money found in the OP's car (if it had been) as the stolen money.


Yep, there's a $20 bill and that is exactly what was stolen. Hey everybody, we have our thief. He had THE $20 bill that was stolen in his car. The victim identified it based on the fact it was generally green and had a picture of former pres Jackson on it and had the number 20 on it in various places, as well as specifically in corners.

 

[tranquility]

Especially considering this was the next day.

 

[LeeHarveyBlotto]

Thanks for the feedback

So did you hide the money in the car or not?

 

[Mass_Shyster]

On top of everything else, I would love to know how the money stolen would be identified and how the money found in the OP's car (if it had been) as the stolen money.

You never saw Cheers? (Season 5 / Episode 23)

 

[justalayman]

You never saw Cheers? (Season 5 / Episode 23)

I'm sure I saw it (didn't everybody watch Cheers!?) but don't recall it. I'll have to check around to see if I can view it.