YACT: Illegal search and seizure?

[Auryg]

It's homecoming week at our school, so the usual TP stuff is going on.

What's new this year though is the fact that our in-school cop, who just started patrolling our school 2 years ago, has started to take toilet paper from kid's cars and wont return them, saying that it's a disturbance to the school. The school never gets TPed, and it really has nothing to do with the regular homecoming stuff other than the football game.

Worse yet is they're using toilet paper in kid's cars to allow searches of the whole car.

Isn't this illegal?

 

[Saint Nick]

highschool or college

my college has a homecoming, i found that profound.

 

[Heisenberg]

How does he take the TP from the car? Does he break the window or something?

 

[Auryg]

Highschool.


And if the car doors aren't open they call the kid down to the office and make him use his keys to open it.

 

[Saint Nick]

eh, yeah they probably shouldn't be doing that. i'd take it up with the city though.

 

[Heisenberg]

Originally posted by: Auryg
Highschool.


And if the car doors aren't open they call the kid down to the office and make him use his keys to open it.

So why don't they just say no? I seriously doubt they can legally take it without consent.

 

[Auryg]

Originally posted by: Heisenberg

Originally posted by: Auryg
Highschool.


And if the car doors aren't open they call the kid down to the office and make him use his keys to open it.

So why don't they just say no? I seriously doubt they can legally take it without consent.

In some cases I don't think they've had consent, and I know for sure of one kid that asked to get it back and they wouldn't give it to him.

 

[AgaBoogaBoo]

Originally posted by: Heisenberg

Originally posted by: Auryg
Highschool.


And if the car doors aren't open they call the kid down to the office and make him use his keys to open it.

So why don't they just say no? I seriously doubt they can legally take it without consent.

Yeah, I imagine they just talk in a strong tone and no one thinks about how they can say no without any consequence.

 

[laurenlex]

You give up a lot of your rights while on a High School campus. They can search lockers, cars, or anything they deem necessary to make the joint safe.

Your school ain't private property. It sucks, but leave the weed and TP at home.

 

[Heisenberg]

Originally posted by: AgaBoogaBoo

Originally posted by: Heisenberg

Originally posted by: Auryg
Highschool.


And if the car doors aren't open they call the kid down to the office and make him use his keys to open it.

So why don't they just say no? I seriously doubt they can legally take it without consent.

Yeah, I imagine they just talk in a strong tone and no one thinks about how they can say no without any consequence.

That's basically how police and other authority operate as a rule. I really doubt that TP in the car gives probable cause to search the vehicle and confiscate things; they're just trying to scare kids who don't know their rights into cooperating.

Edit: Yeah, being on school property does make a difference, but AFAIK toilet paper doesn't constitute searching a vehicle, but then again IANAL.

 

[mwtgg]

Private or public school? Also, when they got that parking permit, they probably had to sign something consenting to searches.

 

[HappyPuppy]

Why don't you leave the TP at home? Why do you need to carry TP in your car?

 

[mwtgg]

Originally posted by: HappyPuppy
Why don't you leave the TP at home? Why do you need to carry TP in your car?

When you gotta go, you gotta go...

 

[Sphexi]

Originally posted by: HappyPuppy
Why don't you leave the TP at home? Why do you need to carry TP in your car?

Exactly my question. School gets TP'd every year, kids start carrying TP in their cars, it's kind of a duh situation right there. If I were them I'd be suspicious too, there's no point in having TP in your car unless you stop frequently for dumps on the side of the road.

 

[Heisenberg]

Originally posted by: mwtgg
Private or public school? Also, when they got that parking permit, they probably had to sign something consenting to searches.

Hmm...that's a good point. If they signed something, it may indeed be legal. Basically you (OP) should check with a real lawyer to be 100% sure.

 

[Auryg]

Public school, and the Juniors don't have to sign parking permits.

The school doesn't get TPed. Never has, doubt it ever will.

Just the houses of Juniors and Seniors, and teachers, of course

As for not keeping TP in your car...why should you have to take it out? I didn't participate in the "activities" this year, but it's not like TP in itself is illegal.

 

[spidey07]

you have no rights. you are not an adult yet.

repeat.

you have no rights. you are not and adult yet.

keep saying this until it is understood.

 

[BigJ]

Originally posted by: Auryg
Public school, and the Juniors don't have to sign parking permits.

The school doesn't get TPed. Never has, doubt it ever will.

Just the houses of Juniors and Seniors, and teachers, of course

As for not keeping TP in your car...why should you have to take it out? I didn't participate in the "activities" this year, but it's not like TP in itself is illegal.

If the juniors don't have to sign parking permits and the seniors do, the juniors are probably parking there illegally.

You guys ever hear of a trunk? Why not just load all the TP and crap in there, and then nobody would even know.

I do believe you have a valid complaint about them just going into unlocked cars without your permission, but as far as calling you down, you're pretty much screwed.

 

[mwtgg]

Originally posted by: Auryg
Public school, and the Juniors don't have to sign parking permits.

The school doesn't get TPed. Never has, doubt it ever will.

Just the houses of Juniors and Seniors, and teachers, of course

As for not keeping TP in your car...why should you have to take it out? I didn't participate in the "activities" this year, but it's not like TP in itself is illegal.

Was there anything released stating that buying a permit is implicit consent to searches? Also, is the toilet paper in plain view or what?

 

[Heisenberg]

Originally posted by: Sphexi

Originally posted by: HappyPuppy
Why don't you leave the TP at home? Why do you need to carry TP in your car?

Exactly my question. School gets TP'd every year, kids start carrying TP in their cars, it's kind of a duh situation right there. If I were them I'd be suspicious too, there's no point in having TP in your car unless you stop frequently for dumps on the side of the road.

I agree they should either leave it at home or have the good sense to keep it out of view in the car. It just annoys me when people in authority strong-arm people to do things.

 

[Auryg]

Originally posted by: spidey07
you have no rights. you are not an adult yet.

repeat.

you have no rights. you are not and adult yet.

keep saying this until it is understood.

Other than the fact that some of the kids are 18...

I'll have to ask to see the permit again, and I'll also ask if the juniors needed to sign one.

It really doesn't concern me that much, and I would agree that keeping things such as airsoft and paintball guns in plain sight in their car is stupid (as a few have done), but the TPing has nothing to do with the school other than it happens during homecoming week.

 

[BigJ]

Originally posted by: Auryg

Originally posted by: spidey07
you have no rights. you are not an adult yet.

repeat.

you have no rights. you are not and adult yet.

keep saying this until it is understood.

Other than the fact that some of the kids are 18...

I'll have to ask to see the permit again, and I'll also ask if the juniors needed to sign one.

It really doesn't concern me that much, and I would agree that keeping things such as airsoft and paintball guns in plain sight in their car is stupid (as a few have done), but the TPing has nothing to do with the school other than it happens during homecoming week.

Ummm airsoft and paintball guns? The kids in your school must be fvcking retarded to keep those in their cars in plain sight.

 

[Whisper]

Far as I know, once you're on a high school campus, they don't need reason to search your person, your locker, or probably even your car other than they think it will contribute to the safety of the general school environment.

I remember hearing about one school that decided to search every student's locker because (I think) one student had stolen something. It got taken to court, and the school won, using the reasoning I mentioned above.

Edit: and being 18 doesn't matter. Once you're on school property, you go by their rules.

 

[Auryg]

Originally posted by: BigJ

Originally posted by: Auryg

Originally posted by: spidey07
you have no rights. you are not an adult yet.

repeat.

you have no rights. you are not and adult yet.

keep saying this until it is understood.

Other than the fact that some of the kids are 18...

I'll have to ask to see the permit again, and I'll also ask if the juniors needed to sign one.

It really doesn't concern me that much, and I would agree that keeping things such as airsoft and paintball guns in plain sight in their car is stupid (as a few have done), but the TPing has nothing to do with the school other than it happens during homecoming week.

Ummm airsoft and paintball guns? The kids in your school must be fvcking retarded to keep those in their cars in plain sight.

I totally agree, it was incredibly stupid of them. Luckily my school only gave them slaps on the wrist.

Even if they have the right to search cars for any reason though, would they still have the right to keep, of all things...toilet paper? I don't think the school is technically the ones that are taking it, but the officer, although since his main job is at school that might change things.

 

[smack Down]

Yes it is illegal. It doesn't mater if it is on school grounds or not. Schools only get the right to search lockers because the school owns the locker.