But the real question is why was his trunk being searched in first place?
But the appeals court noted that Schloegel had received a student handbook at the beginning of the school year that included a parking form containing a consent-to-search clause.
State and federal courts have upheld warrantless searches on school property, a number of parking areas on school grounds are poster that you and your vehicle are subject to search.
Don't want to get searched then don't park on school property.
Search of Student’s Car in School Parking Lot Upheld
http://www.school-training.com/newsletter/articles/search-of-students-car.shtmlThe seminal case setting forth the standard for a search on school grounds by public school officials is New Jersey v. T.L.O., 469 U.S. 325 (1985). In pronouncing the reasonableness standard for school searches, the
United States Supreme Court weighed the contravening interest of student privacy and "the substantial interest of teachers and administrators in maintaining discipline in the classroom and on school grounds." T.L.O., 469 U.S. at 339 (emphasis added). It instructed that a school search is legal when it satisfies the two-prong test: (1) the search must be "justified at its inception," and (2) "reasonably related in scope to the circumstances which justified the interference in the first place." Id. at 341-42
http://www.wisbar.org/res/capp/2009/2008ap001310.htm
« Last Edit: October 15, 2009, 10:21:38 PM by eodtech »
Why do I carry a 45 ?
Because they don't make a 46 !