18-year olds car searched at school without his or parents consent because he’s a gun owner

[OwnTheRide]

From the schools handbook, reasonable suspicion isn’t very hard to prove.

We know what was reported, not the whole story.

Again, I’m not saying this was right and I hope he wins.

View attachment 274791

The thing is, policies don't override the law. Anyone can write a policy and it can stand until it's tested in the courts.

Also working against them is the term "reasonable suspicion." It's been pretty well defined in courts and definitely has to be more than a hunch.

Now, as someone mentioned earlier, if there was something that was signed to give pre-consent to searching cars in order to park them on school grounds, that's a whole different ballgame. But I suspect if there was, we'd have heard about it right away.

 

[C3D]

The thing is, policies don't override the law. Anyone can write a policy and it can stand until it's tested in the courts.

Also working against them is the term "reasonable suspicion." It's been pretty well defined in courts and definitely has to be more than a hunch.

Now, as someone mentioned earlier, if there was something that was signed to give pre-consent to searching cars in order to park them on school grounds, that's a whole different ballgame. But I suspect if there was, we'd have heard about it right away.

Parzival is correct that reasonable suspicion is the correct standard. It's from a 1985 Supreme Court (NJ v TLO) case on school searches. Defined as when "there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school."

Like I said, I think the school will win this challenge.