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Message
re: Lawyers of the OT- illegal search?
Posted on 4/1/25 at 11:19 pm to Deplorableinohio
Posted on 4/1/25 at 11:19 pm to Deplorableinohio
quote:
40 days? A bit excessive?
Making him give up school for lent.
0
Posted on 4/2/25 at 12:10 am to subMOA
He consented to the search. No suppression of evidence.
Would the judge have granted a search warrant? I wouldn’t have.
He should have refused the search and not given consent.
What was the actual reason for the suspension? This a private or public school?
Would the judge have granted a search warrant? I wouldn’t have.
He should have refused the search and not given consent.
What was the actual reason for the suspension? This a private or public school?
Posted on 4/2/25 at 12:17 am to subMOA
Is this in some backwoods dry town? 40 days is insane for just having beer in a vehicle. Is there any way to appeal?
Posted on 4/2/25 at 1:31 am to subMOA
quote:
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.
As a public school employee, here’s a simple explanation of just this part of your post: First off, he’ll graduate—he might not walk at graduation, but he’ll graduate—that school can’t afford the stats hit it’ll take if they don’t allow it. Not walking is the ultimate punishment these days if kids otherwise academically qualify. 40 to 45 days is the normal punishment period for something like this, and in most places he would be sent to the district’s alternative school for that long. Now allowing deputies to search his vehicle on municipal property—he should have deferred, but most honest kids don’t know any better.
Posted on 4/2/25 at 1:48 am to subMOA
Is this the town from Footloose?
Posted on 4/2/25 at 2:03 am to subMOA
You have no case.
Schools can search students any time they want. Vehicles are given a little more privacy, but they can search them as long as they have reasonable suspicion that contraband is inside. Seeing a cooler in plain view would qualify.
However, the laws vary by state. I am not sure what Louisiana's specific laws are. But generally cars on school property can be searched in most states.
Schools can search students any time they want. Vehicles are given a little more privacy, but they can search them as long as they have reasonable suspicion that contraband is inside. Seeing a cooler in plain view would qualify.
However, the laws vary by state. I am not sure what Louisiana's specific laws are. But generally cars on school property can be searched in most states.
Posted on 4/2/25 at 3:57 am to subMOA
Everyone is saying he consented to the search and has no recourse, I get that. I’m ignorant of these things and am genuinely curious. My question has to do with where the vehicle was parked, who searched it, and the punishment. Since it was not parked on school property, and it sounds like parish deputies (not campus police) searched it, can he still be punished at school? Was it because he drove it to school? If it were parked 2 blocks away and beers were found would the school still punish him? Parked in front of his house on a public street would the punishment be the same?
You said deputies searched the car. Are these parish deputies unaffiliated with the school, or campus police? If campus police, are they able to conduct searches off of school grounds, even if consent is given? Does the school have some type of “morality code” that allows for punishment at school for incidents that happen off of school property? I wouldn’t think so if this is a public school, but I don’t know how these things work. This is certainly not my area of expertise, so I’m asking all of these questions because I am genuinely curious.
You said deputies searched the car. Are these parish deputies unaffiliated with the school, or campus police? If campus police, are they able to conduct searches off of school grounds, even if consent is given? Does the school have some type of “morality code” that allows for punishment at school for incidents that happen off of school property? I wouldn’t think so if this is a public school, but I don’t know how these things work. This is certainly not my area of expertise, so I’m asking all of these questions because I am genuinely curious.
Posted on 4/2/25 at 4:39 am to subMOA
Consented to search
Posted on 4/2/25 at 5:31 am to subMOA
Doesn't matter who's beer it is. Possessing drugs or alcohol on school grouds, which the school probably does own is illegal. Stop trying to save the kid bc he's a dumb arse. Also if he's called out of class alot they're are reasons. I use to be that guy the hunted and fished. We had guns and boats at school. I was warranted being called out of class for that type of shite. And so is he most likely
Posted on 4/2/25 at 5:38 am to subMOA
Can we just be honest and admit your average honor roll student is probably getting a warning here or one day suspension? Or likely they don’t even search his vehicle? This kid was most likely a well known arse hat and that’s why they searched and that’s why he got 40 days.
Posted on 4/2/25 at 5:41 am to subMOA
quote:
40 days today
I've seen kids that got sent to alternative school for (30 or so days) due to some violation of school policy.
If you ran out of days by the end of the school year you started the next year at alternative until all days were served.
In our school system, if you are suspended you can't step foot on campus so no graduation.
They will probably mail him his diploma.
Posted on 4/2/25 at 5:41 am to subMOA
quote:
40 days today
I've seen kids that got sent to alternative school for (30 or so days) due to some violation of school policy.
If you ran out of days by the end of the school year you started the next year at alternative until all days were served.
In our school system, if you are suspended you can't step foot on campus so no graduation.
They will probably mail him his diploma.
Posted on 4/2/25 at 5:44 am to beerJeep
quote:
Pretty sure you had to sign some form to get to drive to school…..
Not sure about this one.
Schools don't give out permission to drive to school, nor do they give conditional licenses to drive if you consent to all searches.
Posted on 4/2/25 at 5:49 am to subMOA
I had a friend that lived right off campus in high school and I’d always park at her parents house. This was because I always had alcohol and guns in my vehicle and didn’t want to get in trouble. This was the 90s though
Posted on 4/2/25 at 6:30 am to subMOA
It seems to me like we studied some case law in high school about students basically having no rights that would prevent searches on school property. Not sure about searching their persons but pretty certain their book bags and lunch boxes etc....and cars. I know for a certainty they did it at my high school regularly. Searched cars that weren't locked and would get them unlocked if they wanted them unlocked.
Posted on 4/2/25 at 6:33 am to AwgustaDawg
I think everyone knows they can search your vehicle on school property at any time and for any reason. This vehicle was not parked on school property
Posted on 4/2/25 at 6:34 am to subMOA
Lawsuit time against school and Sheriff together. Get a good local criminal defense attorney who can also handle the Civil litigation against the school and board.
Posted on 4/2/25 at 6:37 am to subMOA
So what’s the real story?
A high schooler is not getting suspended for 40 days for having a few unopened beers in a vehicle
A high schooler is not getting suspended for 40 days for having a few unopened beers in a vehicle
Posted on 4/2/25 at 6:47 am to subMOA
My .02.
There's likely no "illegality" in the search because they are not law enforcement (yes, they are state actors but the rules are a little different for school administration/ educators) and, regardless, he consented (CAVEAT: if he was a minor [unlikely since about to graduate], the parents would have had to consent).
If it is school property, he's toast.
If it's not, I am not sure how he can be sanctioned. It would be no different than if his car (and the cooler) were in his driveway.
There's likely no "illegality" in the search because they are not law enforcement (yes, they are state actors but the rules are a little different for school administration/ educators) and, regardless, he consented (CAVEAT: if he was a minor [unlikely since about to graduate], the parents would have had to consent).
If it is school property, he's toast.
If it's not, I am not sure how he can be sanctioned. It would be no different than if his car (and the cooler) were in his driveway.
Posted on 4/2/25 at 6:52 am to subMOA
Seems like he was parked in the public right of way. There should be X amount of feet from the street that the public owns.
Any deputy can look into a car’s windows. Did they open the car?
It’s not reasonable suspicion, it’s reasonably suspicion OF A CRIME. They must be able to say a crime they suspect, not simply that’s it’s suspicious.
Any deputy can look into a car’s windows. Did they open the car?
quote:
how is seeing a cooler reasonable suspicion
It’s not reasonable suspicion, it’s reasonably suspicion OF A CRIME. They must be able to say a crime they suspect, not simply that’s it’s suspicious.
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