Soldier Suspended From HS (pocket knife in car)

[owningpeoplesince1984]

This is fu**ed up.. The kid is a hero, he had saved a woman earlier and was already in the service..I hope this does not mess up his college plans....

 

[Rob Boudrie]

I wonder - if the kid kept his car locked, refused a search, and demanded the police be called what would have happened? Would the school have used force against the kid to enter the car, or smashed their way into the vehicle? Would the police have conducted a warrantless search based on the suspicion that the kid had something in his car that was not a violation of law? What if the kid used his cell phone and one of his parents showed up and said "I am leaving with my car; this is not my son's choice - am I free to go or are you detaining me without my consent?"

There are interesting possibilities IF this student did not so readily allow the school to trample over rights he may (emphasis may) have had.

 

[terraformer]

I wonder - if the kid kept his car locked, refused a search, and demanded the police be called what would have happened? Would the school have used force against the kid to enter the car, or smashed their way into the vehicle? Would the police have conducted a warrantless search based on the suspicion that the kid had something in his car that was not a violation of law? What if the kid used his cell phone and one of his parents showed up and said "I am leaving with my car; this is not my son's choice - am I free to go or are you detaining me without my consent?"

There are interesting possibilities IF this student did not so readily allow the school to trample over rights he may (emphasis may) have had.

My impression of school policies and if the car was on school grounds, I don't think he was in a strong position but I also think this is highly dependent on the state he was in. I can't imagine having to go to school these days. You need to be a frickn' lawyer to make it through unscathed.

 

[Rob Boudrie]

My impression of school policies and if the car was on school grounds, I don't think he was in a strong position but I also think this is highly dependent on the state he was in.

Schools cannot neutralize rights with policies. Schools are loathe to use force against a student - what is unclear is if the police will use force on behalf of a school to enforce a policy when there is not even an allegation of violation of the law.

 

[terraformer]

Schools cannot neutralize rights with policies. Schools are loathe to use force against a student - what is unclear is if the police will use force on behalf of a school to enforce a policy when there is not even an allegation of violation of the law.

They do it all of the time. SCOTUS gave schools huge authority over students through I believe "in loco parentis" which gives them a huge say over the kid on school grounds. Maybe the car is off limits, etc, but in loco parentis gives them a lot of lee way IIRC.

 

[Rob Boudrie]

They do it all of the time. SCOTUS gave schools huge authority over students through I believe "in loco parentis" which gives them a huge say over the kid on school grounds. Maybe the car is off limits, etc, but in loco parentis gives them a lot of lee way IIRC.

That is not a school neutralizing it with a policy, but the courts. Students have far less rights that real people, and that extends to colleges as well (just imaging a college student trying to get all the real "landlord/tenant rights" in a dispute over campus housing).

The loco parentis doctrine (which I do not believe was cited in the SCOTUS case) gets interesting if you have a high school senior of legal age (which is probably why that doctrine was not cited).

 

[Underwhere]

When I was in 6th grade, a teacher took away my Swiss Army Knife. This was in 1987, maybe?

Now I have to wait on her in my pharmacy...

Give it right back to her:
Take away her prescriptions. They are too dangerous.

 

[TomH]

What is wrong with people? [sad2] If I ever have kids they're not attending public schools.