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Message
Lawyers of the OT- illegal search?
Posted on 4/1/25 at 9:59 pm
Posted on 4/1/25 at 9:59 pm
A senior at our local high school was suspended for 40 days today- no idea how that affects the students graduation, or why the term is so long.
Why?
Student parks along a street adjoining the campus, school officials claim it is school property. Perhaps. IDK.
In a random vehicle check deputies saw a cooler in the student’s car. Student was called to open their car. They did.
Deputies found 4 unopened beers. This was presumably left over from prom this weekend.
Question- how is seeing a cooler reasonable suspicion for a search? If the student would have refused to open the vehicle, would a judge grant a search warrant? Surely the student doesn’t own the car. It is owned by their parents.
According to my child who goes to this school, he says his buddy is called out of class regularly during these inspections because he’s a baw and fishes after school and always has a little cooler in his truck with his lake snacks.
Besides not being a dumbass and bringing beer to a place that could be construed as school property, what should the student have done?
Why?
Student parks along a street adjoining the campus, school officials claim it is school property. Perhaps. IDK.
In a random vehicle check deputies saw a cooler in the student’s car. Student was called to open their car. They did.
Deputies found 4 unopened beers. This was presumably left over from prom this weekend.
Question- how is seeing a cooler reasonable suspicion for a search? If the student would have refused to open the vehicle, would a judge grant a search warrant? Surely the student doesn’t own the car. It is owned by their parents.
According to my child who goes to this school, he says his buddy is called out of class regularly during these inspections because he’s a baw and fishes after school and always has a little cooler in his truck with his lake snacks.
Besides not being a dumbass and bringing beer to a place that could be construed as school property, what should the student have done?
41
Posted on 4/1/25 at 10:00 pm to subMOA
My guess is that part of the agreement if going to school includes the ability to search the vehicle.
Posted on 4/1/25 at 10:02 pm to subMOA
quote:
Question- how is seeing a cooler reasonable suspicion for a search?
…………..
What….. goes inside coolers?
quote:
If the student would have refused to open the vehicle, would a judge grant a search warrant? Surely the student doesn’t own the car. It is owned by their parents.
Pretty sure you had to sign some form to get to drive to school…..
I bet that if you cared to read it…. You signed over the right to search as needed
Posted on 4/1/25 at 10:02 pm to subMOA
quote:
A senior at our local high school
What high school? (Name, City, State)
Posted on 4/1/25 at 10:07 pm to LaBR4
This is a public high school in Louisiana. Student doesn’t even have a parking permit. Car is parked on the shoulder of a parish road. Other students park there legally, as do patrons of businesses on that road.
For example- there is a dentist office across the same road. Sometimes I’ll park on the side of the road just like the student did if there are limited spots at the dentist.
For example- there is a dentist office across the same road. Sometimes I’ll park on the side of the road just like the student did if there are limited spots at the dentist.
Posted on 4/1/25 at 10:11 pm to subMOA
quote:
no idea how that affects the students graduation
Better hope it doesn’t delay his graduation and set him on the wrong track in life. Don't want to end up a sheriff’s deputy that searches highschool students’ cars for a living.
Posted on 4/1/25 at 10:14 pm to subMOA
quote:Hey Perry Mason, just because folks park there (including you) doesn’t make it legal.
Car is parked on the shoulder of a parish road. Other students park there legally, as do patrons of businesses on that road. For example- there is a dentist office across the same road. Sometimes I’ll park on the side of the road just like the student did if there are limited spots at the dentist.
Also, the school has a reasonable right to ensure the safety of its students.
A minor enrolled at the school bringing alcohol to the school’s parking area is subject to be disciplined.
Leave the thinking part to the grown-ups with IQs in the triple digits here.
Posted on 4/1/25 at 10:16 pm to subMOA
Are they charging 10 days per beer or is it 40 days even if he had 1 beer?
Posted on 4/1/25 at 10:17 pm to subMOA
What does beer in a vehicle parked on a street prove?
Posted on 4/1/25 at 10:18 pm to subMOA
He was likely parked on a public easement and not actual high school property so whatever rules, policies, etc. they have don’t really matter.
At the end of the day, he opened the car and presumably gave the cops permission to search. He could have just refused. If he did it under threat of the school, I’m pretty sure they violated his rights.
If I were the parents, I’d be FOIA’ing the body cam footage from the cops and getting a written statement of some sort from the school administrators so I could burn them with it later.
Edit…
To answer your original question, the boy should have told the cops “if you want in there, get a warrant. He should have told the school, “this isn’t school property, get bent”. If it’s a public school, they have no recourse. A private school is a different matter.
At the end of the day, he opened the car and presumably gave the cops permission to search. He could have just refused. If he did it under threat of the school, I’m pretty sure they violated his rights.
If I were the parents, I’d be FOIA’ing the body cam footage from the cops and getting a written statement of some sort from the school administrators so I could burn them with it later.
Edit…
To answer your original question, the boy should have told the cops “if you want in there, get a warrant. He should have told the school, “this isn’t school property, get bent”. If it’s a public school, they have no recourse. A private school is a different matter.
This post was edited on 4/1/25 at 10:22 pm
Posted on 4/1/25 at 10:28 pm to beerJeep
quote:
Pretty sure you had to sign some form to get to drive to school…..
Students have to sign a form if they want to drive themselves to
School?
Posted on 4/1/25 at 10:29 pm to subMOA
Next time teach Junior to be more careful. The Sheriff just got more beer for his camp.
Posted on 4/1/25 at 10:30 pm to Deplorableinohio
quote:Do we know if the kid did anything like this before?
40 days? A bit excessive?
Did the school have recent issues with contraband being brought to the school by students and warn students?
It’s bush league of the OP to ask for an extremely specific answer to a complex legal scenario that he offers only a few biased opinions in a puny attempt to describe.
Posted on 4/1/25 at 10:37 pm to subMOA
Sounds like the student consented to the search. Seeing a cooler through the window is not a search.
I realize this is extremely hard to do as a teenager being called out of school and confronted by police, but he should have said no when asked to open his vehicle.
If he had said no, and they still opened the vehicle and searched, I don’t think that would meet reasonable suspicion/probable cause. But now I think they have a plausible consent claim that a friendly judge would consider.
I realize this is extremely hard to do as a teenager being called out of school and confronted by police, but he should have said no when asked to open his vehicle.
If he had said no, and they still opened the vehicle and searched, I don’t think that would meet reasonable suspicion/probable cause. But now I think they have a plausible consent claim that a friendly judge would consider.
Posted on 4/1/25 at 10:38 pm to TackySweater
quote:If they park on campus, yes.
Students have to sign a form if they want to drive themselves to
School?
Posted on 4/1/25 at 10:40 pm to subMOA
Consensual searches can't be illegal.
Teach junior his rights next time.
Teach junior his rights next time.
Posted on 4/1/25 at 10:44 pm to diat150
quote:
My guess is that part of the agreement if going to school includes the ability to search the vehicle.
Public school or private school?
Posted on 4/1/25 at 10:46 pm to subMOA
quote:
Student was called to open their car. They did.
Consent to search. Nothing else matters.
Also, if we’re only talking school discipline and not legal action, the bar for due process is MUCH lower. But as I said, the kid opened the car anyway.
There is no issue to be found here.
This post was edited on 4/1/25 at 10:49 pm
Posted on 4/1/25 at 10:57 pm to subMOA
Seeing the cooler through the window probably wouldn’t constitute a search here. If the police had seen the cooler and accessed the vehicle without the consent of the student, then the question would be whether there was a legal search under the plain view doctrine.
In this case, though, the student gave the police authorization to search the vehicle, so that would be where a legal search occurred. By giving consent to search the vehicle, that consent usually extends to any containers inside the vehicle.
In this case, though, the student gave the police authorization to search the vehicle, so that would be where a legal search occurred. By giving consent to search the vehicle, that consent usually extends to any containers inside the vehicle.
This post was edited on 4/2/25 at 11:24 am
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