listen to this bullsh*t story!!

[gator4thehaters 10+ year member]

Well, I don't know about where all you guys are from, but here in the Nappy city of Indy police can do what they want and get away with it somehow. When i was in school if you drove a car to school and a police dog "found" something they had a right to search your vehicle because of probable cause(that being the dogs nose). I don't know about them tearing stuff up but i think they probably would win the case based on the dogs nose. Hell, the dog might have smelled a hamburger and been hungry for all they know. Its all boolshitt to me. Take 'em to Judge Judy!!//content.invisioncic.com/y282845/emoticons/mad.gif.c18f003ab0ef8a0d9c27ca78d77a6392.gif//content.invisioncic.com/y282845/emoticons/fyi.gif.9f1f679348da7204ce960cfc74bca8e0.gif//content.invisioncic.com/y282845/emoticons/furious.gif.fc81ca146dbff91fede3ed290dbc4f4c.gif//content.invisioncic.com/y282845/emoticons/confused.gif.e820e0216602db4765798ac39d28caa9.gif//content.invisioncic.com/y282845/emoticons/frown.gif.a3531fa0534503350665a1e957861287.gif

 

[MikeofTulsa Moderator]

the point is they did not have the right to tear the stuff up...they could have taken a little time and actually asked the student to help them take the stuff apart or whatever.....but riping it apart and destroing private property, im sure that is not legal unless they do replace it....i'll look into it though....good luck

 

[MikeofTulsa Moderator]

well i went ahead and sent the problem to a lawyer friend of mine that i know and he's going to send me a responce back when he gets it and looks into it....so i should have some input for you in a few days....good luck man

 

[SuckMikeHawk23 10+ year member]

actually, the cops did have a right to search the guys car. in order for a cop to search a person, house, or car for that matter, he must have a causable reason or a warrant, and it seems to me that the causable reason here is because the dog smelled something. i kno it *****, but thats how they get us

 

[chris229 10+ year member]

There is a thin line here. Yea if a dog smells something they have the right to enter your car and find it . BUT poeple have a right to PRIVACY. There is a limit to when you can use a dog in that way. If there wasn't what would stop cops from make road blocks and using dogs to sniff every car! OR going house to house with a dog to knocking on your door and see if the dog can smell something from the front door !

 

[chris229 10+ year member]

I bet what happened was the kid had something in his locker at school so after finding that the cops searched his car which makes sense.

 

[jester73440 10+ year member]

Right if the dog smells something they can enter it but did the dog smell something before the car was open or did they open it and then the dog smelled the bag in the box. unless he was pulled over the dog can not enter the car and search

 

[bumpin_blazer 5,000+ posts]

ok first off yes that is totally ********. but cops do have authority to do whatever they please to a student's vehicle on school campus. i know b/c my friend had that same thing happen to him. cops did a surprise search on his car and 4 other of my friends who were suspicious looking that day according to teachers. all schools give cops the right to search anythign they want. along with typically giving tickets for systems on campus. i know at my high school cops can't give tickets for systems but they love to try. hell i had one cop write the ticket out and give it to me, i took it the principal and he called the cop in the office and told him he couldn't give it to me. now that's fighting the law!! and it isn't legal for them to rip it open and tear it apart from what i know.

keep it thumpin,

adam

 

[chris229 10+ year member]

If you live in america no person can grant cops to search other people stuff UNLESS that person is living in it [rented house or romate] or operating it[car lent to someone]. Any lawyer would see and should show in court that a persons civil right have been violated. Even if school rules say they can. It just hasn't been challanged yet and poeple are letting it happen.

 

[bumpin_blazer 5,000+ posts]

actually people have taken it to court. over the past 4 years at my high school kids have taken cops to school for searching their cars at least 10-20 times. hell it was in our school newspaper last month about it. every case except for 1 of them was lost by kids at my school. the plan fact of the matter is at public schools kids have NO rights. that's the simple fact.

keep it thumpin,

adam

 

[Phatillusion 5,000+ posts]

Since everyone has their own opinion, I'm gonna state some facts. Parking at school is a privelage. Most school I know of charges you for a parking sticker. Usually, before you get your parking sticker, you must bring in your license, insurance, and sign a paper stating rules and regulations. This is where the searching your car part comes in. The rules and regulations paper you signed, says something in accordance to this: We have the right to search your vehicle w/ or w/o your knowledge. It may not always be stated like that, but if you read the paper carefully you would have noticed it. I've been outta school for 3 years, and I still remember when I signed it. So as you can see, they are justified in doing so. The school calls the drug sweeps, not the police. The schools asks them to come in on a specific day, usually at least twice a year. The officers are usually accompanied by an administrator. Believe me I've seen it all, I was late to school one day, had to park outside the school area, jumped the fence, and saw about 10-15 officers and about 7-8 dogs. I was abruptly met in the parking lot by the administrator, who walked me to class. As for the destruction of your friends equipment, I believe that the officers are liable for that, talk to them, see what they will do, if nothing, then you can take them to court. They were justified in searching the box, but if they destroyed any equipment, w/o finding anything, they are responsible.

P.S. I do take checks, but I prefer cash. If your friend needs any further assistance, I'll have to charge him $150 an hour.

 

[alexlo 10+ year member]

The school is allowed to search any of their students on their property, including their bagpacks, lockers, and cars if on school property. They don't need a warrant. I would say his not going to get any money for the damages. Sorry for the bad news.

 

[alexlo 10+ year member]

Parking at school is a privelage. Most school I know of charges you for a parking sticker. Usually, before you get your parking sticker, you must bring in your license, insurance, and sign a paper stating rules and regulations. This is where the searching your car part comes in. The rules and regulations paper you signed, says something in accordance to this: We have the right to search your vehicle w/ or w/o your knowledge. It may not always be stated like that, but if you read the paper carefully you would have noticed it. I've been outta school for 3 years, and I still remember when I signed it.

You might have signed a release, but the school with or without the release has the right to search. The Supreme Court ruling of New Jersey vs. T.L.O (1985) , the court adopted a "reasonable suspicion" ( legaly, reasonable suspicion could be anything and everything) standard, as opposed to "probable cause" to evaluate the legality of searches in a school setting. In other words, if you are a student, on school property the school has the right to search you and your property without any legal document. You may ask on what reason of suspicion you are searching, and they have to answer you. With a simple reason, we have been informed some students have drugs in their car, the search is legal. They don't have to tell you why they are searching unless you ask.

 

[zane 10+ year member]

There is a fine line with probable cause however too. IF the officer has probable cause, which in this case-he did; the officer can inspect and completely search your vehicle. Reason being- the officer suspects that you may be in violation of the law; hence the term "probable cause." Since it is the officers duty to uphold the law, that is what gives him the right. The fourth Amendment to the Constitution clearly states the following:

The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Noted there the main point in this fine line. No where in this amendment does it say that police may destroy or inflict damage upon civilian property- even with probable cause. In your case, you are due your damaged property replaced. However, the officer was also acting in accordance to the law up to that point.

I see no legal reason why your property was wrongfully damaged, when it could have easily been disassembled properly by the officer and still inspected to the same extent and resolve. Good Luck with your lawyer. In My opinion, based on my legal knowledge, you have nothing to worry about further.

take it easy,

-zane

 

[RangerMan Premium Member]

Due to NJ v. TLO school officials have the right to search a student, but in this story, police searched the student, not a school official.