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When you agree to go on school grounds by going on school grounds, you are agreeing that you can be searched under reasonable suspicion. We had a search just about every year at my high school. Everyone had to open there lockers and then be escorted to the car. So maybe it doesn't throw the constitution out, but it certainly puts it in the bottom drawer.
The lockers arent yours, thereby they are more than allowed to search them whenever you want. I dont buy the story about the searching of the cars, sorry.. Never heard of that in my entire life.
Student cars parked in a school parking lot are subject to search. Courts have said that police can search a car without a warrant in the school parking lot, because there was probable cause to believe they would find evidence of a crime. In that case, the school first allowed police officers to bring dogs in to sniff lockers for drugs. Next, the dogs sniffed in the parking lot, and alerted the officers to a specific car. Police officers opened and searched the vehicle and found drug paraphernalia inside. Since the police had probable cause after the dog sniffed the car, it was okay to search the car even though the student was inside the school.72
With probable cause, the POLICE, (not the school) can search the cars, without it, its private property.
Who is the "they" in the phrase "that's their property"?
If we use a California public school as a hypothetical, the "they" includes me, because all California public schools belong to California citizens, especially taxpayers.
In Raliegh, it would be the property of the people of North Carolina.
The property is the schools, the fact that you may or may not be a taxpayer, doesnt dimish the ownership of lockers that arent yours.
If this kid was star athlete I bet the school would have looked the other way.
The school does have a lot of discretion on deciding if they should expell, or suspend the students. They are allowed to consider the intent of the "crime".
I'm no gun fan but "rules are rules" is the STUPIDEST argument for anything you can use. Rules without logic and reason are way more dangerous than that gun. I learned long ago that every RULE had exceptions, that's why I'm against most of them unless they are broad and used along side human thought and logic rather than INSTEAD OF. I'm against all rules that tie anyones hands and let them say "there is nothing I can do...rules is rules". What a STUPID society we are when that becomes ok.
I agree completely. Which is why I said that his parents should have been allowed to come get the gun. But the OP asked who was wrong, and who broke the law. The kid broke the school rules, so technically he was in the wrong, and he broke the law. Honestly, if I were the kid, I would have kept my mouth shut about it even being there.
I agree completely. Which is why I said that his parents should have been allowed to come get the gun. But the OP asked who was wrong, and who broke the law. The kid broke the school rules, so technically he was in the wrong, and he broke the law. Honestly, if I were the kid, I would have kept my mouth shut about it even being there.
Having the parents pick up the gun doesnt change the fact that he had the gun. I think whom has possesion of the gun after the fact is the least of anyone's worries.
You hate guns and gun owners.....why don't you just say it?
Nope, I own guns myself. What I "hate" are the idiots who are not RESPONSIBLE gun owners. You know the ones I'm talking about...the drunk hunters who accidentally blow somebody's appendage off, the morons who think shooting their gun in the air during celebrations is a good idea, the idiots who don't keep their guns away from their kids, those who don't educate their kids at a young age about gun safety, the parents who think allowing a 5 year old kid to run around with a loaded rifle is no big deal, those who forget they have a rifle in their trunk when they go to school. You know, those guys.
They make the rest of us look bad.
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