Can i refuse for them to search me for a phone, Ipod,etc without risk of punishment or arestment?
2007-11-27 10:54:36 · 20 answers · asked by Anonymous in Politics & Government ➔ Law Enforcement & Police
This is actually two separate questions. Most of the answers ARE WRONG!
The school police officer must have some probable cause to search you. This means he/she must have seen, smelled or heard you doing something illegal. Such a search may result in your arrest if contraband is located. If she/he has a search warrant for your person or is arresting you with a warrant, he/she may search you with or without your permission.
The school principal can search you for almost any reason without your permission but would be held to the reasonable person test. This "test" would find it reasonable to search you for contraband if any reasonable person believed from the circumstances at hand that you had contraband. He/she does not need a warrant or your permission if you are on school property. He/she may search your locker without a warrant because it is not your property (the locker.)
If phones, IPods, etc. aren't permitted on schools grounds, why take the chance?
El Chistoso: It is "in loco parentis" Latin, not Spanish. Case law has held in many jurisdictions that a school official must have some reason.
2007-11-27 13:06:44 · answer #1 · answered by rjrmpk 6 · 0⤊ 5⤋
rjmpk, YOU are wrong.
En loco parentis.
That is Latin, for "In place of parents."
This is what the school, its teachers, other staff, and property are considered. As long as you are a juvenile, under the authority of your parents, you are under the school's authority. If your parents can search your room without any legal hurdles, then the school can search your locker. If your parents can demand that you empty your pockets and pat you down (Yes, they can), than so can a teacher, as long as you are a student on school property.
Off of school property, that can change.
Refuse to give consent anyway, but don't resist them if they still search you.
El Chistoso
2007-11-27 13:57:24 · answer #2 · answered by elchistoso69 5 · 1⤊ 1⤋
Yes you can actually.
Your have the right to refuse but then they are more suspicious and they check things like your locker which isnt your property.
But the cops can get a search warrent later and search you and your house.
(but not school police obviously)
2007-11-27 10:57:48 · answer #3 · answered by Kratos 3 · 0⤊ 1⤋
The officer needs to have Probable Cause to search you but a Principal only needs to have reasonable suspicion. So if they have reason to suspect you have something they can search you
2007-11-27 10:58:44 · answer #4 · answered by Anonymous · 1⤊ 1⤋
What like touching you, yes you have a right for theme not to touch you. However i think that they can go through your bag. But they should tell you what the are going to do.
Bag searches where done at my old school, to certain people as the teachers where looking for drugs.
2007-11-27 10:59:00 · answer #5 · answered by a 5 · 1⤊ 2⤋
If they are searching you then you may refuse, but if they are searching your locker, backpack, desk, etc. then you cannot refuse. It's not you property to begin with so they can search it if they wish.
In order to search your person they either need your consent or you have to be under arrest.
2007-11-27 11:44:38 · answer #6 · answered by ncaachamp 4 · 1⤊ 2⤋
its kind of a tricky situation and im sure there are different laws for different counties/states, but as far as i was informed, they have the right to search your locker and your backpack but they need toi have probable cause. In fact, they even have the right to search your car if it is parked on campus.
2007-11-27 10:59:38 · answer #7 · answered by Matthew K 1 · 0⤊ 2⤋
i would guess they have a rule about it, they cant strip search you but they are with in their rights to check your pockets and backpack, you can stand up to them about their stupid rules but it may not end well with out a large number of people backing you
2007-11-27 10:58:19 · answer #8 · answered by Anonymous · 2⤊ 0⤋
Surprise - a school is public funded private enterprise...just like any job you will get, they make the rules up as they go along.
Sure, you can refuse to play along,,,,but they can refuse to teach you anything [suspension]...so -
2007-11-27 11:32:27 · answer #9 · answered by sirbobby98121 7 · 2⤊ 2⤋
Yeah when you step onto school property all of your rights as a citizen pretty much just go, "Bye Bye". It sucks.
2007-11-27 10:57:54 · answer #10 · answered by Anonymous · 1⤊ 1⤋