Unreasonable Search and Seizure?

[levergun]

I understand that following the Virginia Tech shootings, people are really on edge. None more than the various school systems. That said I have to question the violation of Constitutional rights within the schools. I'll explain what happened at my Son's school today. The school or local police, received an anonymous tip that SOMEONE would carry a gun to school today. The tip was not specific as to who that person would be. The school was locked down and the local and state police used a metal detector wand to search every kid. Beyond that they also pulled out every tenth child to be physically searched! No gun was found, however four kids were arrested for possession of pot. Now I'm all for keeping the kids off drugs, but does this not come under the heading of unreasonable search and seizure? If the police received a tip that someone driving down route 80 would be carrying an illegal gun and they forcibly searched every tenth car, they would have more lawsuits against them than they could count. One thing that bothers me even more is that the parents of the searched kids were never even notified of this search. Our rights are dwindling and the excuse is constantly an unfounded quest for safety.
Don

[KeithPA]

My understanding is that it has been ruled that lockers can be searched as they are school property. Other than that they would need probable cause to search a person ie drug dog picks up a sent, buldge in their clothing.

Terry v. Ohio

Because of the important interest in protecting the safety of police officers, the Court held that police have the ability to stop someone and do a quick surface search of their outer clothing for weapons. This is allowed if the officer has a reasonable suspicion that a crime has taken or is about to take place and the person stopped is armed and dangerous. This reasonable suspicion must be based on specific and articulable facts and not merely upon the officer's hunch. This permitted police action has subsequently been referred to in short as a "Terry stop and frisk", or simply a "Terry stop." The Terry standard was later extended to temporary detentions of persons in vehicles, known as traffic stops.

I would file a complaint with the school board and the PSP and contact your representatives. Definately contact the ACLU as they love to fight unreasonable searches.

[cas]

Just another reason to stop sending your kids to the Government indoctrination centers. Start home schooling , the only way your kids can actually get a great education

[Lougotzz]

Just another reason to stop sending your kids to the Government indoctrination centers. Start home schooling , the only way your kids can actually get a great education

i agree........

[jkroner659]

Here's the deal, with schools i think no warrents are needed especially if a threat is called in. But outside of school the only ay they can search ya if you dont want them to is" just read the 4th amendment its very clear...No warrents shall be issued without probable cause(needs oath of affirmation). The outgoing head of the NSA (forgot his name) recently under bush said...shit in fact ill post it here for you all to see what cons we have in our own government all the way up to the top...Listen to this asshole...

http://www.youtube.com/watch?v=cGhcECnWRGM

[countryboy172]

There are some instances where in a school, individual rights are over seen for the better good of society. The Courts have established an "exigent circumstances" exception to the warrant requirement. "Exigent circumstances" simply means that the officers must act quickly. Typically, this is because police have a reasonable belief that evidence is in imminent danger of being removed or destroyed. Exigent circumstances may also exist where there is a continuing danger, or where officers have a reasonable belief that people in need of assistance are present.

http://findarticles.com/p/articles/m...09/ai_n8824408


Good article about search and seizures in school

[Siobhra]

On the news last night a college professor was calling for the city police to do random searches of people who might be carrying guns. He wanted the police to jump on any excuse to search. "Look for a bulge that might be a gun and search them".

[Frenchy]

On the news last night a college professor was calling for the city police to do random searches of people who might be carrying guns. He wanted the police to jump on any excuse to search. "Look for a bulge that might be a gun and search them".

Probably an othe rone who forgot that most teen aged boys have 2 things on their minds half the day, girls and how to impress them... Heck if I was checked when I was a kid for every time I had a bump in my pants, I would have thought it was sexual harassment!

[Mark]

As a highschool student I wouldn't let them surch me.

[NineseveN]

On the news last night a college professor was calling for the city police to do random searches of people who might be carrying guns. He wanted the police to jump on any excuse to search. "Look for a bulge that might be a gun and search them".

Nevermind that this would be illegal according to the PA precident law.