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re: Lawyers of the OT- illegal search?
Posted on 4/2/25 at 11:46 am to 03 West CoChamps
Posted on 4/2/25 at 11:46 am to 03 West CoChamps
quote:
Yeah I'd take that side in court.
You'd lose.
quote:
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.
In the statute there is no where that allows school staff to search a car or anything that isn't on school grounds.
1
Posted on 4/2/25 at 11:48 am to 03 West CoChamps
My son told me about this last night. The school went on lockdown, not sure why. Lafourche parish K9 units searched the whole school. Not sure if the dogs alerted the cops to the car for beer. It was actually a girl and not a dude.
This post was edited on 4/2/25 at 3:25 pm
Posted on 4/2/25 at 11:49 am to eitek1
quote:
In the statute there is no where that allows school staff to search a car or anything that isn't on school grounds.
Where in the statute does it say it has to be on school grounds?
The issue is the student's vehicle he drove to school not where the student's vehicle is located.
Posted on 4/2/25 at 11:56 am to 03 West CoChamps
quote:
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.
According to the OP, there is a question as to whether the location where he was parked is actually school property.
Posted on 4/2/25 at 11:56 am to 03 West CoChamps
quote:
Where in the statute does it say it has to be on school grounds?
In the second sentence of the revised statute.
quote:
The parish and city school systems of the state are the exclusive owners of all public school buildings and all desks and lockers within the building assigned to any student and any other area of any public school building or grounds set aside specifically for the personal use of the students.
Also, these are the only areas authorized for school personnel to search where legal protection is provided by the school board/state/etc. per the statute.
quote:
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 us
Posted on 4/2/25 at 12:04 pm to Chad504boy
quote:Someone's trying to get laid.
What does beer in a vehicle parked on a street prove?
Posted on 4/2/25 at 12:04 pm to 03 West CoChamps
quote:Apparently, the concept of geographic jurisdiction eludes your comprehension. It is like a light switch. You either have jurisdiction or you do not. The state statute lays it out quite plainly. The school recognized this and used the SO to get around their lack of jurisdiction for the search but then tried to assert the jurisdiction that they did not have to create a penalty after the SO found the beer. But my understanding is that they still have no jurisdiction for issuing this suspension.
Where in the statute does it say it has to be on school grounds?
The issue is the student's vehicle he drove to school not where the student's vehicle is located.
Please show me what law extends the school authority in this matter beyond the school property.
Posted on 4/2/25 at 12:06 pm to udtiger
quote:
According to the OP, there is a question as to whether the location where he was parked is actually school property.
Here is how I can see this played out.
The school used coercion and threats to require the student to "consent" to a search of the car. The cops searched the car and found the stuff. The school enforced some kind of punishment based on what they found.
The coercion should make the search inadmissible. Since the car was off school grounds AND the statutory authority of the school administration doesn't extend outside of clearly defined school grounds, they have both zero authority AND are liable for any damages that occurred due to the violation of her rights. I assume since we are talking about it her character has been defamed as a result of this.
Posted on 4/2/25 at 12:09 pm to Rabby
quote:
The school recognized this and used the SO to get around their lack of jurisdiction for the search but then tried to assert the jurisdiction that they did not have to create a penalty after the SO found the beer. But my understanding is that they still have no jurisdiction for issuing this suspension.
And because of this, they are opening themselves up to all sorts of fun times.
Posted on 4/2/25 at 12:11 pm to iwantacooler
quote:
iwantacooler
Prescient user name
Posted on 4/2/25 at 12:16 pm to subMOA
Seems like a chickenshit way to deal with it. The school administration could have handled this a little more discretely without ruining the kid's education.
Now, if the kid is a jackass and always causing problems at school, then sure, give him a hard time. But if he's a just normal kid, cut him some slack.
I hate zero tolerance policies like this. It just makes people less trusting of authority.
Now, if the kid is a jackass and always causing problems at school, then sure, give him a hard time. But if he's a just normal kid, cut him some slack.
I hate zero tolerance policies like this. It just makes people less trusting of authority.
Posted on 4/2/25 at 12:21 pm to 03 West CoChamps
quote:
03 West CoChamps
Arguing with eitek1 is a bad move. Dude knows the rules. Love the old thread about him getting someone's stolen motorcycle back from a crooked repair shop.
Posted on 4/2/25 at 12:52 pm to OysterPoBoy
quote:
Are they charging 10 days per beer or is it 40 days even if he had 1 beer?
40 days is ridiculous
We got caught at the left field lounge bleachers (old football stands we welded to a cotton trailer and pulled behind the outfield fence with a truck) in high school drinking beer and smoking cigs during a double header. Got one day suspension
Posted on 4/2/25 at 1:21 pm to diat150
Nope, vehicles are extensions of your home.
Posted on 4/2/25 at 1:25 pm to iwantacooler
Is it a public or private school?
Posted on 4/2/25 at 1:29 pm to The Scofflaw
quote:
Nope, vehicles are extensions of your home.
In some contexts. If this was a private school, they can and do routinely impose discipline for off grounds behavior.
Posted on 4/2/25 at 1:31 pm to subMOA
40 days is ridiculous. Maybe three days in school suspension, but 40 days?
Posted on 4/2/25 at 2:48 pm to eitek1
quote:
The school used coercion and threats to require the student to "consent" to a search of the car.
You are assuming facts not in evidence
Posted on 4/2/25 at 3:11 pm to Indefatigable
quote:
Is it a public or private school?
He states that it is a public school.
Posted on 4/2/25 at 3:14 pm to UptownJoeBrown
quote:
You are assuming facts not in evidence
You are 100% correct. I was just speculating. That said, I'd bet that I'm right.
quote:
Here is how I can see this played out.
The school used coercion and threats to require the student to "consent" to a search of the car. The cops searched the car and found the stuff. The school enforced some kind of punishment based on what they found.
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