School students’ cars can be searched in NJ…
Nov 12th, 2008 | By Michael L. Saile, Jr., Esq. | Category: Blogs, Criminal & TrafficIn a published case this week, the New Jersey Appellate Division declared that school children do not have an expectation of privacy in their automobile while it is located on school grounds. The court did away with the warrant requirement to search a vehicle.
A NJ school student was suspected of dealing and possessing drugs in school. A search was conducted of the student’s person and contraband was found. A search of the student’s school locker revealed no contraband. Next, the school principal searched the student’s vehicle, which was parked in the school parking lot. A search of the vehicle revealed additional contraband.
The student attempted to suppress the contraband found in his vehicle because the principal did not have a search warrant. The court ruled against the student and stated that “the privacy interests of students are outweighed by the substantial interest of the teachers and administrators in maintaining a drug-free environment in the classroom and on school grounds.”
The court ruled that a school administrator only needs “reasonable suspicion” that there was criminal activity afoot, instead obtaining a search warrant. The court further ruled that the school administrator had reasonable suspicion to search the student’s car.
Is this decision fair? If we have an expectation of privacy in our car parked in a shopping center parking lot, shouldn’t we have the same expectation of privacy on a school parking lot?
this search will be thrown out. What court ruled that a search can be done without a warrant? would it have been so hard to get a warrant? certainly if the court is saying there was reasonable suspicion to search the car, certainly the police could have obtained a warrant. why didnt they? how do we know the school administrator didn’t plant drugs in the car, or simply say he found it in the car?
there are reasons for the bill of rights and 14th amendment.
the police should have been called and the police should have obtained a warrant.
any reasonable person would have to say what was found in the car is suspicious and should be thrown out.
i do not like the decision. this means at any time, a non law enforcement officer can enter students cars at random, …..while class is going on,…… and say he found drugs there, with no police presence or warrant.
what exactly is the purpose of the constitution, if not to protect people from searches like this,…… from false allegations, ….. from retaliation,….?
nj courts continue to make up the law as they go, ……
again, would it have been so bad to call the judge in the town, during a regular working weekday hours , and get a warrant first, and have the police search the car?
to me , that is more reasonable than for a principal to search a students car when the student was not in or near the car,….
this has got to be overturened by the nj supreme court, …..
the attorney must argue in full zealous in protection of the most basic and fundamental constitutional rights…
to me, the only reasonable search of the car by the principal would have been if he had information weapons were in the car and threats were made.
searching for drugs in students cars is not a life and death immediate situation, and should have been handled by the police with a warrant, ….. who knows, the judge may not have signed the warrant.
opps, my last post for harassment was meant for a totally different website…
getting back to the issue, are not public school administratorts agents for that State?, do these people not receive pensions from the State?
having principals and vice principals , and guidance counselors , search cars on the schools lot, in lieu of the police, yet acting as agents of the Statre, is a civil rights violation.
is this a published case?, or wil it be officially published by the courts, ….. in my review of court cases, in my limited understanding, unpublished cases are not precident, ……
i hope this goes to the nj supreme court, and even a pro se person could argue this, .. it is a No brainer, … of course THEY NEED A SEARCH WARRANT, …..
WHAT KIND OF LAW ARE WE BREEDING WITH THIS TYPE OD DECISION, … if published, trhis gives every public school principal the right to search every car on the lot, .. with all he having to do is make up some kind of bull reason, …. without rreal reason, …
this is why we have judges, warrants, and proble cause, abd the us contitutiuon,/;..///
ok, so now, the law and ruling stands, ….. what is prevention the attorney general of nj, .. who wants to run for governor i might add, .. from going to the meadowlands facilty, and bringing gun dogs in, the go througth the footrball giants practice parking lot, searching for handguns? …. in other words, i am for the law, … and the law says that non registered – non permitted handguns, can not ne in a vehicle in new jersey, … let alone on state property, in the possession of private citizens, ….
as you may or may not know, antonio pierce, of the ny football giants, . upon his team mate shootiong himself at a nyc niteclub a few weeks ago, . placed buress and the glock 40 caliber handgun in his vehicle, and drove them into the state of nj, ….
what does the law mean if it is not going to be upheld?