[2012-Feb-02] Internet Rights

[Gest1]

Yes it was insane, that's why he never got charged. But they still kicked him out of school for god knows what reason.

If something like this had happened to me I would have sued the cop and the country until I made them completely broke.

[Kaharz]

If something like this had happened to me I would have sued the cop and the country until I made them completely broke.

In the US, the 4th and 14th amendment protections of students in elementary and secondary school are severely reduced. The general rule is that there has to be "reasonable"* (not probable) cause to search the student's possessions. They still require some good reason to conduct the search, but they don't need a warrant or probable cause. I don't know why the cop suspected DR's friend, but something as simple as another student saying DR's friend had fireworks could have possibly been enough. It is still a bit of a gray area though. The officer definitely should have identified himself or had a school administrator conduct the search instead. In a legal sense, that was possibly the greater violation. It is ridiculous that students are not equally protected, but that is the way it is.

There have been cases in Baltimore of cops being shot or shot at when improperly conducting a search. Usually they had the wrong address, did not have a warrant yet, or were just flat trying to conduct an illegal search. Most those people went through serious hassle, but all the ones I know were cleared of any charges provided the gun was legal.

*New Jersey vs T.L.O (1985)

[DonRetrasado]

It was definitely an illegal search. The undercover cop never identified himself as one or produced a badge or anything like that.

[smiley_cow]

Yeah, Canadian laws are still applicable to students here. When I was (briefly) in Education we had to go over the Charter of Rights and Freedoms so we knew enough not to violate them. I strongly suspect this is why we don't have detention here like they do in the United States.