(not exactly sure what forum this goes in, took a wild guess as I couldn't find a "law" forum).

I'm 16 and attend a public high school in Pennsylvania. Here's the story (I've changed all names),

Everyone was buying marijuana from the same person. A good friend of mine. We'll call him Will. There were a lot of people in on this deal, Colin, Mitch, and me, and assorted others. Well, Colin got caught. Not Will, not Mitch, not me, but Colin. They took him to the office and they said to him, "Colin, either tell us who all is in on this and get 10 days out of school suspension, or don't tell us anyone's name and get expelled." Well, Colin chose the first one. He ratted all four of us out, plus a whole bunch of other people that I had no idea were in on the whole thing.

They called Will down to the office twice, and he's been searched twice. If the office calls me down, can they legally search my body and bookbag? Can I tell them "I'd like to see a warrant?" I know for sure I'm not taking anything to school anymore, but I'd like to know still if the school has any right to search me.

Thanks.

It sort of depends on the information the police are working on. I'm assuming there are police because if you're asking if the school has the right to search you the answer is a blatant "no."

But if the cops get called, and they 'believe' they have 'probable cause' because of what they see, hear, or find out, then the answer is "yes."

They can however, legally search your locker, since it's technically their property

I dunno about your schools, but my school has me pay for the locker. (I think) So, isn't it rented? ...It's like the renter going into your apartment and looking over your private stuff, isn't it?

You can avoid people catching you breaking the law by not breaking it, especially over something fuckin gay.

En loco parentis was overturned however a confession of that sort may constitute probable cause, all this is to say don't have anything incriminating on you for a while, say 3-4 months. They may be able to search you but if you don't have anything on you its his word against yours and his admission was given under duress and he has less initial credibility. thus his word is insufficient grounds for legal action, unless the other people who were ratted out corroberate his story.

Therefore right now gather all the people ratted out, tell them not to carry anything illegal for at least 3-4 months and also get their story straight that they have no idea what hes talking about and that hes just lying to save his ass. Hopefully the admin will get frustrated and expell the weasel. If a few have already cracked get the remaining ones to tighten ranks don't carry for a year and have those that talk beaten severly.

quote:

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Originally posted by Spirit of '22:
You can avoid people catching you breaking the law by not breaking it, especially over something fuckin gay.

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Oh come on defiant you of all people should belive the government is inane and foolish and seeks to act as a nanny, telling people what is and isn't acceptable. After all they tried to come down on you because they found your belifes repugnant.

I agree that the government playing nanny is unneccessary, but there is still a fine line between beliefs (legal) and drugs (illegal), no matter how common the usage or small the side-effects.

I don't think Spirit got in trouble for just his beliefs alone. He misspelled those beliefs on a desk.

No, I never offered my opinion on what is right or wrong about the laws and what goes into enforcing them, but when I break them I dont whine and get mad that the government bothered to enforce them.

aslo if your car is on the property of the schoool then they can search the vehicle as well (technically, the government owns everything, your school and its lockers, your car and its title, you and your license, etc. . . ) so if you have anything to hide, hide it away from government property, because once you step foot on fed prop. you forfiet your rights and priviliages because they are the ones who granted you those privilages.

yes
you can be searched without any reasonable cause at anytime without a warrant.
Unforunately the current leagal standing is that a 16 year old has no reasonable exspectation of privetcy and therefore is not offered the same considerations as an adult by the Constitution.. Also a school offical IS NOT a government agent so there is no Search And Seizure guidelines that they must follow. as say a cop has. The search and siezure clause of the Constitution pertains to an agent of the government and is meant to protect us from having a tyrannical government. It is part of what makes us a free nation. But the clause ONLY COVERS GOVERNMENT SEARCHES.. Any joe blow can search you your home your car without a warreat and with no just cause, you may win a civil case later but any criminal legal action that arises from such a search is not held to the "illegal search and siezure" guidelines that a police agency is.
Further with the violence that a few have inflicted upon our schools recently such a search would be called"for the good and safety of others." And since you are not legally an adult you must comply....
There should however be a WRITTEN POLICY of your school or district that addresses this matter and you should be able to view the WRITTEN STATEMENT AT YOUR REQUEST. It most likely would be found in your schools/ or districts policies and procedures handbook. Either available within your school at the district office. Your state probably also has a policy reguarding searches and that would "over rule" and be held as the ultimate ruling .you would find this in the Educational Codes subsection of your states Penal code book.
I have a 16 year old son and we have been over this,
I could look up cases and standings that have set presedence as to the constitutional question of Search and Siezure as it applies to a school offical upon a minor ,,<<<---but I get paid for that and have indeed looked up and cited such cases repetedly in the past so I do know what I am talking about and am not just giving it my best guess

Sorry about your luck but aren't you just a little glad that it is like that??? I sure would hate to have to be in High school in this day and age.. where people just show up with weapons of mass destruction and think nothing of taking a life... It is sad that this is what "cool" means to a sick few;'I would hope that a search like this of some twisted kid might be what prevents my son from dieing for his education.
Peace

that use to be the case en loco parentis was overturned.