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This happened in a small town near where I live. A bus driver was taking kids home from school when she smelled pot. She stopped the bus and asked them to confess. No one would. So she sat back in her seat and drove to the police station where they searched everyone on the bus. They found 3 knives, the pot, cigarettes, and lighters. Now some of the girls, who are about 12 years old, are saying that their rights were violated. Their parents are really upset about it. How would you feel if this was your child?

2007-05-09 01:46:33 · 20 answers · asked by shannon 3 in Politics & Government Law & Ethics

20 answers

i think the driver should get a raise and an award

at least someone in the area cares about the kids even if the parents don't

that would not be my kid
my child knows how i feel about all of it and he knows not even to try
i am a parent that gives a crap what happens in my childs life

2007-05-09 01:56:23 · answer #1 · answered by elite_women_rule_the_rock 6 · 2 0

I know many people answering have commended the bus driver; however, I would agree that the children's rights were violated regardless of what the bus driver did.

More to the point, the bus driver isn't a police officer and can't make kids confess to having pot and weapons. I also don't think just the odor of pot constitutes probable cause.

Additionally, with respect to probable cause, if there isn't valid probable cause then anything found during the search is illegal. I'm willing to bet that the police didn't have a warrant.

If I were an attorney representing these kids, I would argue that they aren't old enough to fully understand their constitutional rights and weren't in a position to give consent to search. Moreover, a police officer can be an intimidating presence to a young kid, thereby making the kids feel scared and have no choice but to do what the cops said.

Also as an attorney for the kids, I would argue that by deviating from her assigned route the bus be charged with false imprisonment.

Lastly, these kids may be juvenile delinquents, but they still have constitutional rights. At a minimum someone should have called their parents and explain what's going on before the police did anything. but yes if it were my kids I'd sue the driver, the bus company, the school district and the police department.

2007-05-09 10:25:27 · answer #2 · answered by Anonymous · 0 2

I'd be glad they found the knives before the kids moved up to handguns.

When a person goes into a public school, they give their implied consent to a search. You know this already. This situation illustrates that you have the same implied consent when you get on the bus to go to and from a public school.

There's no violation by the police or the driver.

2007-05-09 09:17:45 · answer #3 · answered by open4one 7 · 0 0

If they were engaging in illegal activity I don't believe their rights were violated.Those that had illegal contraband got caught,those that had nothing to hide had nothing to worry about and might be a good wake up call to let them know that this type of behavior will not be tolerated.
If it were my child,I would thank the bus driver for doing what was right and maybe my child would learn a good lesson early in life.If your child is smoking pot on a tax payer funded school bus,then they deserve the consequences that befall them.
I would be far more upset that my 12 year old was smoking pot than the fact that they got searched.

2007-05-09 09:00:49 · answer #4 · answered by Jan 7 · 1 0

The driver did the right thing. It is her responsibility to ensure the safety of the children on the bus. She had a reason to believe pot was being smoked and took action after becoming suspicious. The parents complaining are probably stoners themselves and have no clue when it comes to teaching their kids accountability. They're probably suing in hopes of getting some cash for more pot.

2007-05-09 10:08:42 · answer #5 · answered by William R 2 · 0 0

What rights were violated? The school and bus rules probably clearly state that weapons, drugs, and cigarettes are not allowed. The parents obviously are idiots.

If my 12 year old did this, she wouldn't have to worry about what the police and school would do to her. That would be getting off easy in my opinion. I wouldn't leave her unsupervised until she re-earned my trust and I would find many hard labor things for her to do around the house. So much for sleeping in on the weekends. .

2007-05-09 09:02:31 · answer #6 · answered by Anonymous · 0 0

Oh please! Good! I did the same thing and all of them were arrested! The driver would have been remiss if she had not, if she had gotten a contact high and endanger herself and the othe passengers on her bus. Good for her! They have no rights, except to remain silent! This is what is WRONG with society, Parents uphold their children When they are Wrong.

Maybe the cops should file child abuse charges on the parents, since these kids apparently keep "pot" at home. They are criminals, under the influence, with an Illegal substance.

2007-05-09 09:02:53 · answer #7 · answered by ShadowCat 6 · 1 1

No, their rights were not violated unless they were attending a private school and the transportation was private; if attending a public school, they were on public property and the bus driver had every right to drive to the police station and as the police had probable cause, they had every right to search every child.

2007-05-09 08:58:25 · answer #8 · answered by bottleblondemama 7 · 1 0

If my 12 year old got busted for pot s/he would NEED police protection. God I hope my kids are smarter than that. They certainly were taught better.

And, I say to the bus driver, "Sir of Madam, can I buy you a drink???" And a big thank you to the Cops as well...

2007-05-09 09:13:08 · answer #9 · answered by gimpalomg 7 · 0 0

If one of my children got busted with those items on a school bus they would be HAPPY to have the police there to protect them - trust me!

The parents in this instance SHOULD be upset - at their CHILDREN and at THEMSELVES for being such pathetic parents!

I think the bus driver deserves a raise, a standing ovation, a pat on the back, a commendation and whatever other great thing comes with being a hero who protects our children! Rights violated my *** -- logical consequences to illegal behaviors in my opinion!

2007-05-09 09:25:05 · answer #10 · answered by Susie D 6 · 0 0

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