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Unread 01-02-2005, 10:48
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tkwetzel tkwetzel is offline
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AKA: Tyler Wetzel
FRC #0116 (Epsilon Delta)
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Join Date: Mar 2002
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Re: Constitutional Rights at school?

Quote:
Originally Posted by Andrew Hospodor
Once you walk onto a public school campus, you basically give yourself up to be searched. They can search your back pack if they want to without consent. Thus, this is perfectly legal, unless you were at a private school. In which case I am sure that in the student rule book there is a small messege that says something along the lines of "we reserve the right to search any student or students belongs at anytime." This is for situations just like this. Though I don't agree to sacrifice freedoms for security (cough patriotact cough) I do believe that when it is drawn out in such a way that the person is willingly going to school and knows a possible search could occur, then no constitutional right has been infracted upon.

Again, just some thoughts...
No...you do not give yourself up to be searched. I would not let anyone at school search me unless they had probable cause, which they would never have. Schools push the limit when it comes to infringing on student's rights.

Quote:
Originally Posted by Andrew Hospodor
The outside of your car is not private property. In addition, if you are drugging up in your car and a police officer sees you doing this, they can extract your from the vehicle, search you, and search the car. This is because of probable cause. If an officer of the law believes someone is doing something illegal or that someone is in direct danger, they can break the fourth amendment. If at a later point it is determined that the officer did not have probably cause, anything they found while searching you or your property cannot be used as evidence against you.

More thoughts
If the officer believes you are doing something illegal and has probable cause he can search you and/or your vehicle. If someone is in imminent danger, that is probable cause enough to search, meaning that the cop would not be breaking the fourth amendment. There is absolutely no reason for anyone to act against any of the amendments. There are a few exceptions, like felons who lose their rights when they are convicted.
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