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

[Saltwater60]

I hope he’s a rich man in a few months.

SAF Files Suit to Protect 4A Rights of High School Gun Owner

The Second Amendment Foundation (SAF) has filed a new lawsuit in New Hampshire challenging the unconstitutional search of an 18-year-old high school senior’s vehicle, based solely on the knowledge that he is a legal gun owner.

gunsamerica.com

 

[dwa12479]

So much for being the "Live Free or Die" state I guess.

 

[JunkBoxFull]

Sue every one of the kocksuggers involved, and when he wins, the lawsuit can NOT be paid for by tax revenue!

 

[Cavalry]

Sue every one of the kocksuggers involved, and when he wins, the lawsuit can NOT be paid for by tax revenue!

It may be that situation depending on written policy or practice of the district/department. Big dollar judgements against everyday people are hard to satisfy. More likely the district will settle out of court for an undisclosed amount and no one will ever hear about this again.

 

[spat]

So much for being the "Live Free or Die" state I guess.

Live free or die is a stupid motto.

As Patton said, you don't win a war by dying.

The founding fathers didn't give their lives to defeat England. The risked them, but they (mostly) didn't lose them. If they had lost them they would have lost the war too.

The motto should be live free or kill.

 

[libertysnake]

End the massive overreach of qualified immunity and people would think before they act.

 

[C3D]

SAF is going to lose. The Supreme Court has held many times that 4th amendment rights are diminished in a school setting. (As well as 1st Amendment)

 

[penrod72]

While you are correct those rights do not apply equally in school settings, to search without consent with no threat being reported is a massive over reach for the school (providing the limited information in the article is correct) and I predict their insurance company will be writing a check.

 

[Robin]

Yeah, the Constitution only applies on the fifth tuesday of the millennia, if its raining.
Shhhheeeeeesh!
Robin

 

[CNYJohn]

Be nice to know both sides of the story


N.H. is a bluish purple state now and is just full of Karen's on both sides of the isle

 

[Saltwater60]

SAF is going to lose. The Supreme Court has held many times that 4th amendment rights are diminished in a school setting. (As well as 1st Amendment)

But where does that end? Yes they can search their lockers, probably students on the school grounds but can they search cars in the parking lot when the kid is in the school. As mentioned no threat and they only knew the kid was a gun owner. Not sure that’s enough. I’m a fun owner so can the school search my kids stuff all the time.

 

[GOPerfect]

He, and this case will lose.

 

[thughes]

Be nice to know both sides of the story

 

[Grimscale]

but can they search cars in the parking lot when the kid is in the school.

How did they gain access to the vehicle?

Breaking and entering?

 

[Robin]

How come the fed's aren't arresting people for deprivation of civil rights?
Robin

 

[FP1201]

He, and this case will lose.

But the Attorneys will still get paid.

 

[Zerex]

Over 30 years ago, many employers banned even storing guns in your trunk, unless parked on public streets.

I hate even driving by school zones, for fear of a stop on the way to the gunshop.

Pissing into the wind, simply covers you with urine.

Kid played the "stupid" game, and lost.

In NYS, a gun on school property may result in significant jail time.

 

[Cooolone]

Can anyone say CHA-CHING $$$$$!?
Lol

 

[Robin]

Over 30 years ago, many employers banned even storing guns in your trunk, unless parked on public streets.

I hate even driving by school zones, for fear of a stop on the way to the gunshop.

Pissing into the wind, simply covers you with urine.

Kid played the "stupid" game, and lost.

In NYS, a gun on school property may result in significant jail time.

Search my car? Why sure, have at it, while yer at it, lemme drop my pants and bend over.
Robin

 

[C3D]

How about this one?

Teen swarmed by armed cops, cuffed when school’s AI security system mistakes bag of Doritos for gun

“Police showed up, like eight cop cars, and then they all came out with guns pointed at me talking about getting on the ground. I was putting my hands up like, ‘What’s going on?&#…

nypost.com

 

[Saltwater60]

How about this one?

View attachment 274748

Teen swarmed by armed cops, cuffed when school’s AI security system mistakes bag of Doritos for gun

“Police showed up, like eight cop cars, and then they all came out with guns pointed at me talking about getting on the ground. I was putting my hands up like, ‘What’s going on?&#…

nypost.com

I hope this young man gets a massive pay day and never has to work unless he chooses to. Not right.

 

[Parzival]

Was there a parking permit? The application usually involves a search clause.

Parking on school grounds is typically considered implied consent. The school would just have to articulate they had reasonable suspicion that they believed there was a threat in the car.

It’s not right but he’s probably not going to win anything.

 

[Zerex]

Like there have been no school shootings by yout deranged animals..................on school grounds..............you no longer have no 2a rights or any 4th/5a rights there, and that is good.,,Fed and State Laws apply.

ROTS on school grounds????? NOT

I am surprised that there have been few shootings of parents by other opposing team parents at HS football games..it ain't the frontier in 1876, anymore.

 

[OwnTheRide]

The school would just have to articulate they had reasonable suspicion that they believed there was a threat in the car.

That's the thing, they can't... if they could, they would have already. They had no reasonable suspicion, they just knew he was a gun owner.

 

[gun_slinger_boy]

I heard he was "forced" to open the truck. Does that mean he opened it himself under duress? If so, he should have let them break the window. Also, what is the relevance of getting parental consent? He's 18.

 

[GOPerfect]

I hope this young man gets a massive pay day and never has to work unless he chooses to. Not right.

Pay day for what?

 

[GOPerfect]

Was there a parking permit? The application usually involves a search clause.

Parking on school grounds is typically considered implied consent. The school would just have to articulate they had reasonable suspicion that they believed there was a threat in the car.

It’s not right but he’s probably not going to win anything.

Similar to driving/parking on a military post/base.

I never needed a reason to search a vehicle. I could search just for the hell of it if I wanted.

 

[spat]

SAF is going to lose. The Supreme Court has held many times that 4th amendment rights are diminished in a school setting. (As well as 1st Amendment)

For minor children the school is acting as their parent at the time they are there, and that gives them parental powers that obviously exceed normal government powers.

But this guy was 18. Being a parent of an adult *doesn't* give you extra authority over them the same way it does over a minor.

Can they claim the right to search anyone like this ? Visiting parents ?

 

[spat]

Over 30 years ago, many employers banned even storing guns in your trunk, unless parked on public streets.

I hate even driving by school zones, for fear of a stop on the way to the gunshop.

Pissing into the wind, simply covers you with urine.

Kid played the "stupid" game, and lost.

In NYS, a gun on school property may result in significant jail time.

And 200 years ago many "employers" exercised the simple expedient of owning their employees outright. That really simplified a lot of stuff.

Doesn't mean it was right.

 

[Parzival]

That's the thing, they can't... if they could, they would have already. They had no reasonable suspicion, they just knew he was a gun owner.

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.