was this a legal search and seizure?

Question

Ive had been bringing a pocket knife to school for about 2 years and no one has said anything. i never planed on hurting anyone. its just nice to have around. Its very useful. i use it to shave reeds (clarinet, sax) and ive never gotten in trouble in school before. when i was getting a bag of chips at the vending machine one of the security officers asked me what was in my pocket and i told him it was nothing. and he made a big deal about it. and i said its a pen (it really does look like one of those fat pens) and he was like let me see it. and i stated that he had no reasonable cause to ask for it and get it...and long story short i got suspended. like i said, im a good kid when it comes to this sort of thing.

was this a legal search and seizure?

i live in the state of Maryland

excuse me, but the real jerk is the security guard. he does nothing, people are getting high in the back of the school and selling drugs in the bathroom, and most of the security goes after the kid sitting in front of the school doing their homework because theyre 'not where theyre suppose to be' the security in my school does not make me feel secure at all

Answer 1

As to the legality, one doesn't know (at least we don't) what information the school authority was acting upon, so that part of your question is difficult to determine.

Actually, even with your admirable credentials as a good person, and with no intent on misusing the knife, and when you do use it, it's for a very legal and harmless purpose, still it's important to realize that others before you....others with less honorable intentions, have spoiled and tainted the school environment for you, making it an extremely sensitive matter that knives of any kind and for any purpose be at school. You just have to leave it at home. It's the zero-tolerance policy of the new age.

The policy isn't because of you, but you are among the 'all' that now must conform to it.

Answer 2

The answer is...YES. First, you consented. Second, in a school, you (actually your parents/guardians) signed away your right to privacy. They can search your book locker for any reason whatsoever. As a minor, you have limited, if any, rights in this department. As for Constitutional grounds, the 4th amendment, it does not apply to a private concern, but to government and government agencies. The cop on the beat can't frisk you without "probable cause" but a private security guard CAN, like the guy catching shoplifters at the local mall.

The bottom line is this: if the school rules are no weapons, then you were in violation of the rules, good kid, bad kid, big kid, little kid, it makes NO difference, the rule of no weapons was broken. Next, the guy had a reason to select YOU. Or maybe it was a random search, maybe he flipped a coin and thought to himself, heads I search the next kid coming through the door, no matter, once you became the target of the search, you lied about it and got caught, another violation of the rules and now you look even worse to the powers that be. No matter what you think of this guy and his performance, he is there for a reason, and you proved he needs to be there! If you, supposedly a "good kid" are carrying a knife, then waht about the "bad kids?" The guy is doing the job , he caught someone breaking the rules, this time it just so happened to be you.

Now, you come here attempting to get people to feel sympathy for you and take your side when from what you have told us, you were in violation of the rules, guilty. Get over it, already! You broke the rules, you got caught, stop whining.

Answer 3

sorry but as a child in school, the school has the right to demand you show them what is in your pockets. And to search your lockers.

So it is legal because during school hours you are under thier protection and supervision. As a minor your rights are not the same as a adult in the real world.

And honestly you knew the rules, and new better.

Next since he saw what appeared to be something ( concelled weapon) that would be a legal search even on the street.

Answer 4

First off, no child is to bring any type of cutting instrument to school since they are considered weapons. Remember that even smart and good kids get in trouble because they didn't think so. Based on your statement, you also became more of a jerk by not telling the security guard the truth in the begining. These guys are there to protect not only you, but the rest of the school kids. In my opinion, you owe that man an apology and you need to know the rules that govern your school district, ever since Columbine those have changed drastically.

Answer 5

He had probable cause. He saw something in your pocket that was a possible weapon. You then were defiant, which makes it even more probable you were carrying something dangerous. Yes, it was a completely legal search and seizure. Next time, carry it in one of your cases instead of in your pocket. You certainly don't need it while getting a bag of chips, you only need it when you are with your horns.

Answer 6

Most schools have a policy allowing them to preform reasonable searches with no warrant. This includes lockers, backbacks, pockets, and shoes and socks. If he made you take off your clothes that would be illegal, but no, because it is school policy they are protected legally.

Answer 7

if he was a security guard i would say no he does not have the rite to search you, if it was a cop then probably still no unless you consented to being searched. there has to be reasonable suspicion to search you with out a warrant and if what you said is true then there was no reasonable suspicion to search you.

Answer 8

i used to live in MD and i went to school there anyway you have some rights but not many they screw you over when they make u sign that things at the beggining of the school year

Answer 9

I used to live in MD and went to public school in MD. Unfortunately, as soon as you walk through those doors, you have almost no rights. They have the right to search you and/or your locker as they see fit.

Answer 10

Search and seizure issues only deal with law enforcement. It's a lawful search because you allowed it.