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#1
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i was lookin at a lot of the posts about your rights, and i was wonderin do your rights change when your in school? do u have to consent to a search? i searched for a topic like this and didnt find one..so if anyone knows any special details or rules that'd be great. thanks. -VIKE |
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#2
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Back when I was in High School, I had something like this happen to me.
Basically, when you are on school campus, the principle is like your dad. He does not have legal consent to search you, but he does have consent to detain you as long as you are still on school grounds. So if you deny him a search, then he could just as easily call the cops and then they will come search you. I had a small amount of weed on me and my teacher must have smelled it or something. She called me outside the room and asked if I had any on me. I told her no, and she said, "hold on I'm going to check your pockets to see if you're lying to me." There was no way in hell I was going to let a teacher </span>perform a search on me. So I was sent to the office where I denied the principal a search also. We had a cop on school grounds during the school day so he was called to the office. He then did a search on me, and found the small amount. I was 16 at this time and he agreed to not charge me with it, but I was suspended from school for 2 weeks. Now, on to college haha. If you are living on campus in a dorm room, you will probably have R.A.'s (Resident Assistants) living in there as well. They are just supposed to keep stuff in order and look for people doing things wrong. There were so many people that smoked weed in their dorm room in the dorm I lived at. They would go into the shower, turn it on, cover all the vents, and just blaze in there. Some stupid fucks though would just do it in the middle of their room, nothing covering under the door or anything. I saw a couple of people get caught this way. An RA would smell it and they would knock on the door. Most of the time the people wouldn't open the door. RA's had no authority in my dorm, all they could do was get someone higher than them. Most of the time the housing director would then come to the dorm and use her key to open the door. They are legally allowed to open your door. It says so in the housing contract that you sign when you move in. HOWEVER, they are NOT allowed to search your room still. They were allowed to look in your bathroom/shower and just anything in plain view. They were also allowed to open the refrigerator. I didn't know that at first, but after going back and reading the fine print on the contract, it clearly says that they are allowed to search that. Many people got alcohol violations for that reason. But anyways, they are not allowed to search your drawers, clothes, boxes, or anything. All they can do is look for stuff in plain sight. Most of the time they will leave it at that if they find nothing. However a couple times I did see the housing director call the campus police, who will then show up and have full authority over everything in your room. People tried to say that it was their room and that the cops needed a search warrant to look, WRONG, you gave up that right when you signed the contract. Hopefully these experiences help you with your questions... |
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#3
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yea that does help a lil. in middle school i got caught and i said i didnt consent and they said i didnt have a choice and searched me anyway. i was basically wondering if anything happened like that again what my rights actually are. 1. do they need consent to search you/belongings (backpack, nothing in locker) 2) if u dont consent and they "detain" u does that mean u cant leave?(dumb question i guess) does anyone have any tips how to avoid getting caught in a school situation whether its high school or college. well besides not letting anyone know, lol thats common sense. but some schools have random searches/random drug tests. im just curious. thanks again. |
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#4
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I'm not to sure about the locker. It is there property, on their
property, and it doesn't necessarily belong to you so I'm guessing that they can search it if they want. I don't know about your backpack either. When they detained me, they told me to just sit down in the chair and we'll let the police figure it out, so yeah I couldn't leave. |
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#5
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Technically police can't search your person if you don't consent to the
search, unless they have reasonable evidence that you violated a law (same applies to if you were involved with someone who violated a law). They CAN detain you (even if you haven't committed a crime if you consent to this (if no crime was committed). When you are caught breaking a law, the option of consent is made null and void. The constitutional ammendments only apply to a government controlled party, not private parties. If you agree to something the governement OR/AND a private party asks of you, you have also made your rights null and void in context. In short, if you didn't do shit, or if you didn't get caught doing shit, and a cop searches you when you didn't give the cop permission, the cop is 'breaking' the 'law'. I've never been caught high while at school... well except once, but I wasn't exactly caught.. and I fibbed my way out of it. (I was flying so high on dxm, and someone said I was acting weird to a teacher, she took me out to the hall and asked me if I was on something and asked if I took a piss test what would come up... I said nothing, I said I drank three of these mountain dew AMP energy drinks (like red bull) and she believed me lmao, or at least I think she did... otherwise she just helped me out and "pretended" to believe me) |
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#6
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I think this kinda thing depends on your school(where it is and the local laws). I know when i was in school they could search your locker w/o permission and also i think when you signed up for a parking decal you had to sign a wavier to allow for a car search if asked, since the car was parked on school grounds all day. Also my school had certain rules, a whole book of them actually, and i think there were rules saying that by being on campus/attending the school you consent to a search if the cops ask you. As for not getting caught, go somewhere private.I remember my school had cops assigned to the campus(we had about 1800 students,about 2 regular cops, extra if there was trouble)who would always patrol the halls, parking lots, ect. And there were cameras in almost every corner of the hallway. So you couldnt just walk around doing things, you've got to be really discreet. I say do your drugs away from the campus or in the bathroom, just make sure no one else is in the bathroom. oh yeah i'm talking about when i was in high school, if that matters. dunno about college or middle school. |
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#7
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yea well in my "friends" school they have a huge book of rules as well. they can search lockers whenever they want. i was just wondering if they could search them as well, but it sounds like if my friend were to get told on or caught somehow theres basically no way out because they will either be searched right away or detained until they can be. it just sucks, it seems like a lot of schools are more worried about hassling some student and looking to get them into trouble than actually teaching. oh well guess thats how its gonna be.
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