My son was required to sign a form in order to park his vehicle on school property. It had the basic stuff like: Must park in designated student areas; Must follow speed limit on school property; etc. There is also a rule, #6, that states exactly (I'm writing it directly from the form): "Vehicles parked on school property are subject to inspection and searches by school authorities with or without the assistance of law enforcement officials and specially trained dogs. These inspections and searches can be conducted without notice to or the consent of the student." Ok, first of all, I understand the whole, "for the safety of the student" thing, but there is also something called the US Constitution and the 4th Amendment which specificaly states that this type of action is illegal. This is a public school and an open campus. For me this is about rights, not admission of guilt. So, if you say, "If you have nothing to hide, then....." I'd rather not hear it. Thx for all replies.
2007-10-01 16:19:01 · 8 answers · asked by Scott C 1 in Politics & Government ➔ Law & Ethics
The problem with your question is your son gave them consent to search when he signed the form. Therefore, consent is not an issue.
We can argue about the ethics of the school's policy, however, if your son refuses to sign the form, they refuse to let him park there.
I am quite sure this has very little to do with the school wanting to violate someone's rights, it has to do with their obligation to maintain a safe environment for all the students.
2007-10-01 16:25:06 · answer #1 · answered by trooper3316 7 · 1⤊ 0⤋
Even in a public school, students do not enjoy all the rights, priviledges and guarantees of the constitution. After all, what citizen can be given detention for coming late? The courts have held that many rights, but not all are abandonned at the schoolhouse gate. Specifically certain rights to privacy.. and freedom from search..... after all... these are children and the school is in the position of guardian and substitute parent while they are there. Bringing a car on campus is not a right, but a privilege and the administration has a wide latititude in the conditions for that. If your son has a problem with it, buy him a bicycle. If he's carrying something illegal in the car, better get him a lawyer, because sooner or later, he'll be busted outside the schoolyard for it.... and detention will seem like heaven compared to what he'll get then.
2007-10-01 16:30:44 · answer #2 · answered by squeezie_1999 7 · 1⤊ 0⤋
No the school has no right to search a student vehicle without his/her consent or given notice to the student before the search conducted. This is clearly a violation of our civil rights on privately owned vehicle or property. Their school ordinance can some how hide the true nature of their intent on these matter. Especially on searching vehicle without consent from the student, we have heard regarding police officers who buried evidence or stuff on property or vehicle of victims and questioning them on some weeds especially student who have cars/vehicle park in the school, planting them in order to extract money. Some rotten eggs in the police force do these kind of engagement for money. You donot like embarrasment in the media you will pay for something you didnot do, humiliation is not our cup of tea, some do but others fight this kind of corrupt system of the government or some institution.
You are absolutely right this is a school and an open campus these kind of search without consent is not preferable to any school in the country, you should ask an attorney to examine the school ordinance and ask the court to declare it null and void only the prohibition that ask the search and other article in that prohibition of the school to be unconstitutional.
2007-10-01 23:06:18 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Well...courts have ruled that schools can infringe on the rights of students. I understand it's 'public' but it's owned by the city or town. I mean, our forests are 'public' but they get sold to the highest bidder for clear cutting. Anyway, they are not forcing you to park there, and if you sign this document, you waive the right of unreasonable search and seizure it sounds like to me. They do in fact have the right to do this. I don't agree with it at all, but it is within their rights. I would have your son park just off campus and not sign that.
2007-10-01 16:29:00 · answer #4 · answered by prekinpdx 7 · 0⤊ 0⤋
He gave consent for his vehicle to be searched at any time, so yes.
2007-10-01 16:28:36 · answer #5 · answered by Anonymous · 0⤊ 0⤋
students have no rights of privacy in school and when they park their car on school property. since he gave consent I guess it's moot now.
2007-10-01 16:30:24 · answer #6 · answered by rxing 7 · 0⤊ 0⤋
yes, because as soon as your vehicle is on school property, they are allowed to search it. same for your stuff like bags and inside your locker.
2007-10-01 16:26:02 · answer #7 · answered by azdgd 4 · 0⤊ 0⤋
No.
2007-10-01 16:21:30 · answer #8 · answered by Anonymous · 0⤊ 2⤋