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Posted on 4/2/25 at 7:09 am to Deplorableinohio
quote:
40 days? A bit excessive?
Just imagine the penalty if he’d had an anti-trans bumper sticker…
Posted on 4/2/25 at 7:19 am to soccerfüt
If the student parked at the store across the street and walked to school, the school would have no jurisdiction. I would think parking anywhere that is not school property would be the same.
Why do schools want to assume jurisdiction they do not have?
Power hungry bureaucrats love to show you who is in charge.
Fight it.
Why do schools want to assume jurisdiction they do not have?
Power hungry bureaucrats love to show you who is in charge.
Fight it.
Posted on 4/2/25 at 8:22 am to udtiger
quote:
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)
OP mentioned at least twice that it was "deputies" who did the search.
Regarding consent, it matters if the deputies asked or told the kid to open the car. People are assuming asked, but we don't know.
Posted on 4/2/25 at 8:38 am to Twenty 49
quote:
OP mentioned at least twice that it was "deputies" who did the search.
Deputies did it, but school called them in.
It still gets to consent (both as to capacity, and then possible coercion)
Posted on 4/2/25 at 10:27 am to subMOA
Let me start off my saying IANAL. I am not a lawyer and this isn't legal advice.
This is really about the protection of the rights of the kid and if the folks who imposed their will on him had the AUTHORITY to do so. Not the desire, not the belief, etc.
The first thing we need to do is understand the law. Not what people believe it says but rather, what it actually says. The law that dictates what a school can do, in Louisiana, related to a search is dictated by RS:17.416.3
Here is what the RS allows school administration to search.
Here is WHERE they can search.
Any teacher, principal, school security guard, or administrator in any parish or city school system of the state may search any building, desk, locker, area, or grounds for evidence that the law, a school rule, or parish or city school board policy has been violated.
If the students car was NOT on school grounds, this was an illegal search.
The Revised Statute protects the teachers from litigation and damages if they follow the rules related to a search. These are defined per the RS below.
If any teacher, principal, school security guard, or administrator in the public school system is sued for damages by any student, the parent of any student, or other person qualified to bring suit on behalf of the student, based upon a search of that student's person, desk, locker, or any other area of a school building or grounds set aside specifically for that student's personal use, when the teacher, principal, school security guard, or administrator reasonably believed that the student had weapons, illegal drugs, alcohol, stolen goods, or other materials or objects the possession of which is a violation of the parish or city school board policy on his person, or had reasonable belief that such desk, locker, or other area contained such items, or based upon a search using a metal detector, it shall be the responsibility of the school board employing such teacher, principal, school security guard, or administrator to provide the defendant with legal defense, including reasonable attorney's fees, investigatory costs, and other related expenses.
The part in BOLD are the boundaries of where the school staff has the authority to search. Notice it doesn't say "School adjacent areas" or "Student Automobiles".
The School Staff, based on this Revised Statute are "exposed", due to the fact that acted outside of where they have statutory authority to search.
If you pull the body cam footage, I'd be willing to bet that school staff threatened the kid to try to get his consent to search. This would make it an illegal search since it was done under duress and coercion.
If it were my kid, I'd pay the principle a visit and tell him that my son was going to show up the next day or the process server was, pick one.
This is really about the protection of the rights of the kid and if the folks who imposed their will on him had the AUTHORITY to do so. Not the desire, not the belief, etc.
The first thing we need to do is understand the law. Not what people believe it says but rather, what it actually says. The law that dictates what a school can do, in Louisiana, related to a search is dictated by RS:17.416.3
Here is what the RS allows school administration to search.
Here is WHERE they can search.
Any teacher, principal, school security guard, or administrator in any parish or city school system of the state may search any building, desk, locker, area, or grounds for evidence that the law, a school rule, or parish or city school board policy has been violated.
If the students car was NOT on school grounds, this was an illegal search.
The Revised Statute protects the teachers from litigation and damages if they follow the rules related to a search. These are defined per the RS below.
If any teacher, principal, school security guard, or administrator in the public school system is sued for damages by any student, the parent of any student, or other person qualified to bring suit on behalf of the student, based upon a search of that student's person, desk, locker, or any other area of a school building or grounds set aside specifically for that student's personal use, when the teacher, principal, school security guard, or administrator reasonably believed that the student had weapons, illegal drugs, alcohol, stolen goods, or other materials or objects the possession of which is a violation of the parish or city school board policy on his person, or had reasonable belief that such desk, locker, or other area contained such items, or based upon a search using a metal detector, it shall be the responsibility of the school board employing such teacher, principal, school security guard, or administrator to provide the defendant with legal defense, including reasonable attorney's fees, investigatory costs, and other related expenses.
The part in BOLD are the boundaries of where the school staff has the authority to search. Notice it doesn't say "School adjacent areas" or "Student Automobiles".
The School Staff, based on this Revised Statute are "exposed", due to the fact that acted outside of where they have statutory authority to search.
If you pull the body cam footage, I'd be willing to bet that school staff threatened the kid to try to get his consent to search. This would make it an illegal search since it was done under duress and coercion.
If it were my kid, I'd pay the principle a visit and tell him that my son was going to show up the next day or the process server was, pick one.
Posted on 4/2/25 at 10:39 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.
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?
Anything at school is available to be searched. Schools have different laws that a public road.
Posted on 4/2/25 at 10:40 am to subMOA
Did he give consent to search?
Posted on 4/2/25 at 10:43 am to udtiger
quote:
It still gets to consent (both as to capacity, and then possible coercion)
This is irrelevant at school. Cars can be searched.
Posted on 4/2/25 at 10:46 am to 03 West CoChamps
People are asking because of the adjacent road aspect
Posted on 4/2/25 at 10:49 am to Proximo
quote:
People are asking because of the adjacent road aspect
The kid was in school at the time. No court is going to rule that the road wasn't on school property, especially if it is a gray area when the kid was parked there to be at school.
Replace cooler with 4 beers with a gun in this scenario. How different does it look?
Posted on 4/2/25 at 10:50 am to Deplorableinohio
quote:
40 days? A bit excessive?
Probably how many days until the end of the year. Maybe they'll make him go to summer school or something g to get his diploma and send him on his way.
Posted on 4/2/25 at 10:55 am to subMOA
40 days is obscene for first time offense
As for the search, as others have mentioned, perhaps there is a clause somewhere in either the parking pass contract or even the student handbook. If its in the student handbook, this is probably pretty unilateral that the student can have their car searched.
I still think this sucks. Is it worth ruining a student's life over a couple beers? If that 40 days puts them so far behind academically that they fail and cannot get into trade or college, the school has failed the student.
As for the search, as others have mentioned, perhaps there is a clause somewhere in either the parking pass contract or even the student handbook. If its in the student handbook, this is probably pretty unilateral that the student can have their car searched.
I still think this sucks. Is it worth ruining a student's life over a couple beers? If that 40 days puts them so far behind academically that they fail and cannot get into trade or college, the school has failed the student.
Posted on 4/2/25 at 10:59 am to subMOA
Plain view led to questions and asking for consent to search, i.e. open the ice chest. Student voluntarily did so. No search then consent to search. No violation.
Posted on 4/2/25 at 11:13 am to subMOA
So, you’re suspending my client because his father left a cooler with unopened beers in the car? Maybe he should be suspended for possessing a penis in the car that could get a girl pregnant. Must be more to the story.
Posted on 4/2/25 at 11:15 am to 03 West CoChamps
quote:
This is irrelevant at school. Cars can be searched.
If on school grounds/property, yes. That appears to be in dispute.
Posted on 4/2/25 at 11:33 am to udtiger
quote:
If on school grounds/property, yes. That appears to be in dispute.
A student vehicle that a student drove to school and is in class makes this not in question.
Posted on 4/2/25 at 11:37 am to 03 West CoChamps
quote:
A student vehicle that a student drove to school and is in class makes this not in question.
The law would disagree with you, it's very clear on what is allowed.
Posted on 4/2/25 at 11:40 am to eitek1
quote:
The law would disagree with you, it's very clear on what is allowed.
So the argument is that a car is parked on a road that boarders school campus but because 1 side of the road does not, a student that drove to school and parked there for school and walked to class is not subject to school laws?
Yeah I'd take that side in court.
Posted on 4/2/25 at 11:43 am to subMOA
Have no idea if the search is legal.
However, 40 days suspension for a teenage having 4 beers in their car is peak stupidity.
The next search needs to be for a brain cell in whoever made that decision.
However, 40 days suspension for a teenage having 4 beers in their car is peak stupidity.
The next search needs to be for a brain cell in whoever made that decision.
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