| Original Message |
Katheran (Moderator) (Login kwass131)
Forum Owner
Posted Oct 11, 2005 4:05 PM
To answer your question about searches of student cars, we have found that it is legal in Virginia. We found the following phrase in the Search and Seizure policies of schools in several counties in Virginia:
"Students who bring cars to school do so only as privilege; such cars, parked in parking spaces made available by XXX Public Schools for student use, are subject to search in accordance with this policy at any time while on school
property."
Overall, we have found that in your state, your backpack, purse, clothing and locker can be searched. Your car can be searched because it is parked on school property. Any of these areas can be searched without a warrant, as long as there is reasonable suspicion that there are illegal materials in there. Reasonable suspicion could come from drug enforcement trained dogs, tips from other sources, etc.
If there is a search of your person (your clothing, for example), there must be two school officials present, and they must be of the same sex as you (female searchers must search female students, male searchers must search male students).
If you feel like your rights are being violated, do not refuse search by force. Tell the school official "I do not consent" to the search, and according to the schools' policies, you will be held there until your parents arrive.
In Kentucky, where the First Amendment Student Rights Blog is based, student car searches are also legal. |
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