4th Amendment

[anderson4884]

What is the name of your state? Michigan


Im a senior in high school and just the other day i was called down to the office. My administrator had gotten a complaint that my eyes were dialated the previous day and they thought i might have been high. She then searched me, my locker, and then my car. They didnt find any drugs but they found tobacco on me. I got a 3 day suspension. Ive read about the case TLO vs. New Jersey. Is it legal what they did to me?

 

[racer72]

Yes it is. I would be willing to bet your school policy allows for searches of you and your property while they are on school property. And by attending the school, you agree to abide by the school's rules and policies.

 

[seniorjudge]

...They didnt find any drugs but they found tobacco on me....

What do you think tobacco is?

In any event, if this drug is not being used as evidence in any criminal case against you, the fourth amendment restrictions on the government and the case you cite are totally irrelevant.

 

[rmet4nzkx]

What is the name of your state? Michigan


Im a senior in high school and just the other day i was called down to the office. My administrator had gotten a complaint that my eyes were dialated the previous day and they thought i might have been high. She then searched me, my locker, and then my car. They didnt find any drugs but they found tobacco on me. I got a 3 day suspension. Ive read about the case TLO vs. New Jersey. Is it legal what they did to me?

Maybe they will reduce your punishment if you turn in whom ever sold or provided your drug/tobacco
They did nothing illegal here. Quit smoking and partaking of other illegal substances.

 

[seniorjudge]

Maybe they will reduce your punishment if you turn in whom ever sold or provided your drug/tobacco
They did nothing illegal here. Quit smoking and partaking of other illegal substances.

We're gonna git them kids whupped into shape one way or t'other....

 

[anderson4884]

I dont do drugs, Im 18 i am allowed to chew,

 

[rmet4nzkx]

Sorry Charley
Michigan schools are as strict on tobacco as drugs 0 tolerance, if you chew, do it off campus, it's nasty stuff
Michigan Tobacco Prevention Efforts Working ... that has been shown to reduce tobacco use among ... More than 99 percent of Michigan school districts participate ... requires schools to maintain a smoke-free campus. ...
http://www.michigan.gov/minewswire/0,1607,7-136-3452-54711--M_2002_10,00.html

 

[seniorjudge]

I dont do drugs, Im 18 i am allowed to chew,

Chewin' is doin', dude, and your doin' dope.

 

[badapple40]

Since only the search of your person revealed the contraband, I am not going to address the search of your locker or the car. Lets begin by talking about the TLO decision:

"The majority of courts that have addressed the issue of the Fourth Amendment in the schools have, like the Supreme Court of New Jersey in this case, reached a middle position: the Fourth Amendment applies to searches conducted by school authorities, but the special needs of the school environment require assessment of the legality of such searches against a standard less exacting than that of probable cause. These courts have, by and large, upheld warrantless searches by school authorities provided that they are supported by a reasonable suspicion that the search will uncover evidence of an infraction of school disciplinary rules or a violation of the law."

"sufficient probability, not certainty, is the touchstone of reasonableness under the Fourth Amendment."

So, they figure you have glassy eyes, and proceed to search you. How, exactly, did that search occur, and from whom or where did they hear that you had glassy eyes? Finally, when they observed you prior to the search, did they find that you actually had glassy eyes?

 

[rmet4nzkx]

And since you are 18 they don't need your parents permission to search either

 

[Rhubarb297]

Yes it is. I would be willing to bet your school policy allows for searches of you and your property while they are on school property. And by attending the school, you agree to abide by the school's rules and policies.

A school can't just adopt a "policy" to do away with the 4th Amendment on school grounds nor does the 4th Amendment not apply on "school property." In addition, the waiver argument doesn't fly.

Having said that, the standard for 4th Amendment searches is much lower when you're talking about schools. Schools are given a lot of flexibility to do searches of their students. They probably have cleared the low hurdle required to do the search. But it is most certainly not because the 4th Amendment doesn't apply.

 

[Rhubarb297]

And since you are 18 they don't need your parents permission to search either

That's not right. Even people under 18 have constitutional rights, including the protection against unreasonable search and seizure. It's just that when you're under 18, those rights, and those protections, are much more limited than when one is an adult.

 

[seniorjudge]

"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."

Folks, this is NOT a fourth amendment case!

There was no arrest; there was definitely a search and seizure but there were no criminal charges filed.

If those among you think that I am wrong, then tell me what the remedy is?

An exclusionary hearing? Of course not...there is no criminal case!

 

[rmet4nzkx]

That's not right. Even people under 18 have constitutional rights, including the protection against unreasonable search and seizure. It's just that when you're under 18, those rights, and those protections, are much more limited than when one is an adult.

Please read what I said and don't claim I said somethine else! I said: "And since you are 18 they don't need your parents permission to search either" He gave permission for the search, he is 18 and so he cannot fall back on the excuse that his parents didn't give permission as most high school minors would have, he is a legal adult. It has nothing to do with 4th amendment. As it happens, in his state, the tobacco is contraband on campus no matter his age.

 

[seniorjudge]

What is the name of your state? Michigan


Im a senior in high school and just the other day i was called down to the office. My administrator had gotten a complaint that my eyes were dialated the previous day and they thought i might have been high. She then searched me, my locker, and then my car. They didnt find any drugs but they found tobacco on me. I got a 3 day suspension. Ive read about the case TLO vs. New Jersey. Is it legal what they did to me?

Does your school allow you to have a due process hearing before you are suspended?