Illegal Drug Possession: Illegal Search and Seizure at My School?
Question by Jeff: Illegal search and seizure at my school?
So at school today the campus supervisor comes in and demands to see my backpack. I ask why. He said we have reason to believe you have a controlled substance in your possession. I asked what grounds is that based on? he said let me see your backpack. He took it and kept it. It’s in a lab being tested now. Is this legal? If not what can I do
Best answer:
Answer by arus.geo
were you on school property? then no its not illegal if the situation warrants sTUDENT safety above Student privacy
http://www.centerforpubliceducation.org/site/c.kjJXJ5MPIwE/b.1537263/k.CB45/Search_and_seizure_due_process_and_public_schools.htm
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You wrote: “…He said we have reason to believe you have a controlled substance in your possession…”
That’s pretty much the long and short of it. He had probable cause, and I’m certain your school district has written rules for what he can and cannot do. And somewhere in those written rules is a clause saying that if he has reason to believe you have a controlled substance in your possession, he is empowered to search and seize your backpack.
By the way, if there are no drugs in there, why worry?
– Stuart
so let me guess… you did not have anything illegal in there today, but at sometime or another you have carried pot or something in there, you were worried he’ll be able to smell it and now you’re worried the lab will catch it… no?
but if you do end up before court (pending prosecution), you might get off on the technicality that he did not have a warrant, and is not police or federal or anything, thus no evidence presented can withstand. (for all they know the supervisor might have put the drugs in there)
school board, however, does not need evidence or anything and they’ll expel you in a second if they really want to.. (idk how strict your rules are)
This has been debated a lot.
The school does have the right to search your personal belongings (backpack) if they have reason to believe your carrying something illegal or dangerous. Schools can search your desk/locker without good reason because it is school property.
If he really had reason to believe that, then it’s legal and you can’t do much. He is not required to tell you the reason on the spot, however, later on, you can inquire. If he was lying and he didn’t actually have a good reason, then your rights were violated.