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nana42

Junior Member
What is the name of your state? GA
a 19 year old boy who is in the national guard went to school to pick up a friend after school the friend is also in the guard they both own shotguns and rifles they practice target shooting with He forgot to take the guns out of his trunk after last practice and the school cop pulled in behind him because the radio was too loud and he didn't know the boy driving he then searched the car and found the guns in the trunk with locks on them and no ammunition he was arrested is this search legal?
 


racer72

Senior Member
Based on the very limited information given, the answer is, it depends. The 19 year old needs to speak to an attorney, the sooner the better.
 

tranquility

Senior Member
Not based solely on the facts you've stated. However, if the police were to do a full search when a person played their radio too loud, they wouldn't have enough time to write up bogus tickets to make their quota every month. I'd be willing to bet there is something more.
 

Zigner

Senior Member, Non-Attorney
You do understand that, once you enter school property (which the parking lot of the school is), you consent to search, right?
 

xylene

Senior Member
What was he arrested for?

In a locked trunk (or inaccessible compartment), locked legal firearms can legally be possessed on school grounds.
 

tranquility

Senior Member
First, I don't see where the person was on school property in the facts. Second, one does not give up one's rights at the schoolhouse door.
 

Zigner

Senior Member, Non-Attorney
First, I don't see where the person was on school property in the facts. Second, one does not give up one's rights at the schoolhouse door.
First -The person was dropping his friend off at school and was stopped by a School Police Officer - I made a leap of faith on the school property thing I suppose ;)

Second - Not automatically, but I'd bet big money that one of the conditions of being allowed on school property is a consent to search.


So, yeah, I'm making some ASSumptions, but I'm probably correct in them :cool:
 

tranquility

Senior Member
In my quick Google on the subject just now, I found at:

www.khodges.com/iacp/school-pp.ppt

a little powerpoint presentation by a GA school safety officer regarding the 4th amendment. Please note the requirement for reasonable suspicion. Where is the reasonable suspicion in our case?

I haven't checked the citations or conclusions of the presentation, but it does seem to comport with what I think the law is--so I'm good with it. Do you have a different idea on the current law on school searches?
 

Zigner

Senior Member, Non-Attorney
In my quick Google on the subject just now, I found at:

www.khodges.com/iacp/school-pp.ppt

a little powerpoint presentation by a GA school safety officer regarding the 4th amendment. Please note the requirement for reasonable suspicion. Where is the reasonable suspicion in our case?

I haven't checked the citations or conclusions of the presentation, but it does seem to comport with what I think the law is--so I'm good with it. Do you have a different idea on the current law on school searches?
If permission to be on property is contingent upon giving consent for a search, then it really doesn't matter now, does it? ;)

Look - I' agree that I'm making a leap based on information that hasn't been clarified. I WILL say that, if entry to a place implies consent to search (kind of like the airport, for example), then there is no 4th amendment violation. But, you are right, in THIS case, we don't have enough information on what actually happened.
 

CdwJava

Senior Member
Since we don't know the justification for the search - be it with cause or consent - we are once again left with Racer72's initial reply of, "It depends ..." Maybe the search was good ... maybe it was not. There are many possibilities here and we can dance the "what if" samba all day long.

- Carl
 

Zigner

Senior Member, Non-Attorney
Since we don't know the justification for the search - be it with cause or consent - we are once again left with Racer72's initial reply of, "It depends ..." Maybe the search was good ... maybe it was not. There are many possibilities here and we can dance the "what if" samba all day long.

- Carl
Agreed!
(I hear the music in my head...)
 

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