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can they do that? (pg. 2)
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| EriK_V |
don't use a locker, i don't :wtf:
that sounds pretty frucked up. but saying shut the up to the teacher, now that took balls. nice job on that one. |
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| dj_squish |
| quote: | Originally posted by EriK_V
don't use a locker, i don't :wtf:
that sounds pretty frucked up. but saying shut the up to the teacher, now that took balls. nice job on that one. |
haha yeah, but i just found out they called my parents and were like "we suspect your daughter of having drugs in her computer, please comp pick you child up she is suspended for the rest of the day" bull , so now my parents are all freaking pout and yelling at me, jesus i had NO drugs oh well, i wish i woulda have had powdered sugar in my bag, that woulda been funny |
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| tranceDJ |
LOL, why would they say you had drugs IN your computer? jeesh
Anyway, you give up certain rights when you go to school which sux. This means they can search anything at their discretion when you're at school...even your car if you drive there. It's obvious that someone told the teachers that you had drugs...I would find out who did this and make sure they don't do it again. |
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| dj_squish |
| quote: | Originally posted by tranceDJ
LOL, why would they say you had drugs IN your computer? jeesh
Anyway, you give up certain rights when you go to school which sux. This means they can search anything at their discretion when you're at school...even your car if you drive there. It's obvious that someone told the teachers that you had drugs...I would find out who did this and make sure they don't do it again. |
no one told them, i just found out from my friend because she was in the office when they called the cops that they thought i was on drugs because i wouldnt put my backpack in my locker, well no i wouldnt, i had my laptop in it, but i finaly gave in and then they serach everything, psh |
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| PhloTron |
| quote: | As a proactive step to promote a drug-free school environment, the Helena School District will begin school-wide random drug searches in our high schools. These searches will be conducted in the hallways and parking lots. The searches will be initiated in the fall of 2002.
As a joint effort between the Helena School District and local law enforcement these searches will include the use of trained drug detection dogs. The Helena high schools will continue to strive to provide the safest educational environment for your children.
Please visit with your children about this new process. We have included frequently asked questions and answers regarding this practice.
Drug Dog Searches
Frequently Asked Questions
Q. Are dogs going to check individual students?
A. Dogs will be used to sweep hallways and parking lots. Students will be
kept in class during the process.
Q. Why are dogs being used?
A. To keep drugs off the campus.
Q. What happens if the dog alerts on a locker?
A. The school administration has been given reasonable cause to search the locker. If an illegal substance is found, the school resource officer will become a part of the process. Parents will be notified immediately.
Q. What happens if the dog alerts on a vehicle?
A. The owner of the vehicle and/or the parent of the student will be notified. Permission will be asked to search the vehicle. If permission is not given, the school parking permit will be with drawn for the remainder of the year. It would be left up to the legal authorities to pursue a search warrant. All hallways and parking lots will be subject to search.
Q. Will drug dogs be used at activities?
A. At this time it is not planned to have sweeps during extra-curricular
activities.
Q. How often would the dog searches happen?
A. No set number of searches has been determined. Dates and times for random searches will be determined by the administration.
Q. What happens to visitors or students who enter the building when a sweep is occurring?
A. They should check into the office and wait for directions.
Q. What happens if I have an appointment and must leave the building while a sweep is occurring?
A. After the dog(s) sweeps the area your classroom is located in you will be escorted to check out.
Q. How do we know the dogs used are qualified?
A. They are certified regularly through the Montana Law Enforcement Association as recognized by POST Council.
Q. What kind of drugs will the dogs alert on?
A. Dogs are trained to alert on a wide variety of controlled substances.
Q. Will local law enforcement be involved?
A. A law enforcement officer will handle the K-9. There will be a joint effort between HSD administration and the local law enforcement agency. If there is a violation of state or federal law, a law enforcement officer will be involved.
Q. Should students fear the dog?
A. There will be no direct contact between students and dogs. The dog is handled by a highly trained officer.
Q. What about students who have allergies to dogs?
A. There will be no direct contact between the dog and students.
Q. How long will it take?
A. We hope to have sweeps completed within a class period but this may vary.
Q. How will kids know a sweep will occur?
A. Assemblies are planned at all schools. There will be articles in student
and parent newsletters. The first sweep will be announced. Subsequent
searches will be random.
Q. What can I do as a parent?
A. Discuss with your children the necessity for the school district to provide a safe environment for all students.
Q. Are there other schools that use drug dogs in Montana?
A. Yes, many schools use drug dogs for sweeps. This includes AA districts. The HSD Substance Abuse Committee reviewed procedures and policies from other AA districts to plan for the HSD implementation process.
Q. Is this a violation of my right to privacy?
A. It is a search of school premises, not of individual students.
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I didn't go to Helena....I went to Columbia Falls and we had this same program and it WAS used. I don't know if there was a dog used in your case...but a someone snitching on you/your locker would fall under the same reasonable cause for the search.
| quote: | | "While the U.S. Constitution upholds the right to be safe from unreasonable searches and seizures, the standard for school searches is less rigid. The search is lawful if the school has a "reasonable suspicion" that a school rule has been violated. This means the search must be justified when made and reasonably related to the circumstances being investigated. For example, a student is believed to have been smoking on campus, but denies it. A reasonable search can be made of the purse or backpack he or she was carrying at the time of the incident. His or her locker and pockets can also be legally searched. Courts will weigh a student's right to privacy against a school's need to obtain evidence of school rule violations and violations of the law. This "reasonable suspicion" standard has been upheld in challenges to locker, desk, and car searches." |
| quote: |
Privacy invasion is a heated topic with many teens. Why should school officials have the authority to conduct the searching of a student based solely on reasonable suspicion? What does that term imply anyway? How can a student protect themselves from this invasion of privacy?
The moment a student drives their car onto the school parking lot they’re surrendering many rights guaranteed to them in the United States Constitution, including this little thing called privacy. Yes, that’s right, students can have their possessions, lockers, and even themselves searched solely on “reasonable suspicion,” no warrant necessary. In the outside world there has to be a crime before a warrant may be obtained by the police to conduct a search, but in a school environment, students can be searched if they appear suspicious to school personnel.
Reasonable suspicion can be deemed as, “lots of little pieces or one big piece,” of incriminating evidence or suspicion that seems legitimate to the school official involved, explained Student Resource Officer Grant Holle. This means a school official can pull a student aside and search their backpack if they think the student is involved in illicit activities, he said.
A landmark Supreme Court case, T.L.O. v. New Jersey, was the deciding factor in limiting teens rights even further, once hitting the schoolhouse gate. TLO (who is identified by her initials, because she was underage at the time) was a 14-year-old high school student in New Jersey. A teacher found TLO and another student smoking in the bathroom, against school policy, and promptly took them to the principal’s office. TLO’s friend admitted to the accusation while TLO insisted she was not smoking. The vice principal took TLO into his office and searched her purse. He automatically noticed a pack of cigarettes, and while removing them, found a package of rolling papers as well. He continued searching and came upon marijuana, a pipe, and letters implicating TLO in dealing. The vice principal seized all evidence and turned it over to law enforcement, to whom TLO confessed.
The case was appealed all the way to the Supreme Court, where it was decided that because the school’s best interest was in creating a safe learning environment, it was not necessary to obtain a warrant to search a student; therefore, eliminating a student’s Fourth Amendment rights.
Even though a student’s rights are given up in the school setting when a search is involved, if asked, that student can refuse to have their car searched, but not themselves (due to safety issues). Doing this creates more “reasonable suspicion” and “probable cause” and SRO Holle admits the student will be watched more closely. Denying a search only creates more probable cause, he said. Then there’s the drug dogs. Not only can school personnel search a student, but the student themselves and any property belonging to them, or the school, can be sniffed out by the drug dogs. That backpack one might have with a pack of cigarettes, even though it’s legal by law for the student to have if they’re over 18, can be pounced upon, and a student will face the consequences. And those drug dogs aren’t always so accurate. A few months ago I was called down to my locker for a search because it was hit on by the dog. A search ensued and the only thing found, a bottle of Midol. Apparently remedies for cramps are just cause for a meeting with school officials too.
If school personnel are trying to prepare students for all that’s out there, shouldn’t the environment dictate that of any other building one might walk into, like a bank or the supermarket? The answer seems simple. Grant students their rights. And students should stand up for those individual rights, or by the time they enter the world beyond school, there won’t be any there either. So before they’re taken away, no matter where you are, demand your rights! |
This is an editorial out of a Polson, MT news paper, that uses court decision quotes in it that are consistent with the current laws.
Plain and simple, if you are a school student, you lose privacy rights when you attend school. It may not seem fair, or be fair, but it's common knowledge that these laws/decisions have been handed down by the courts and it is common knoledge that these programs for random searches or "reasonable cause" (where often very vague) exist in schools today.
It is unfortunate that you got snitched on most likely, and if you find out who, you can kick their ass, but I don't think there is much you can do about that part. As far as getting upset in class, if you can verify the teacher was out of line, and have witnesses that will attest to it that caused the argument, then there could be grounds for action against the teacher (verbal harrassment?), but I don't know the exact situation, and another story.
Bummer
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| StealthAssassin |
| Backpacks and Laptops are considered personal property they do not have the right to search it without a warrent. and how the could they dicipher that there are drugs IN a computer(LMAO), That doesn't make any sense at all, do look at files and say that backslash looks shifty better get the dogs in here to snif it. Now if you laptop is hollow then I can see them being suspicious, but then again if your actually using it it can't be hollow or harboring drugs. I say you contact a lawyer. |
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| ASOT100 |
| quote: | Originally posted by dj_squish
no one told them, i just found out from my friend because she was in the office when they called the cops that they thought i was on drugs because i wouldnt put my backpack in my locker, well no i wouldnt, i had my laptop in it, but i finaly gave in and then they serach everything, psh |
wth retarded
how can they come to the conclusion that ur on drugs because you won't put ur backpack in ur locker
and why did they need to get in ur laptop? to see if u were emailing drugs out to ur friends or somethin?
how bout goin back to them and sayin lemme search ur crap cuz u seem to be acting retarded so u must be on drugs |
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| PhloTron |
| quote: | Originally posted by ASOT100
and why did they need to get in ur laptop? to see if u were emailing drugs out to ur friends or somethin?
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you have to remember this IS Montana we are talkin bout here...where electricity and running water come second to helping livestock through fences...I'm quite sure there are a number of Montana residents that do honestly believe you can email solid substances through tiny wires that run below ground. :thepirate :thepirate :thepirate
believe me...I know :) |
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| Kamikaze Badger |
| They have all rights to search your locker, as that is school property. But they have NO rights to search your personal items without a warrent. I would go up to the principal/super-intendant and ask him to show you a warrent allowing them to search your personal items. They have no rights to search your laptop, as it's your own purchased property. If they cracked through password protection on it, then you can sue them for breaching security measures and searching your personal items without a warrent. I mean, why the hell would they search your laptop? They have no rights at all(unless it's school property) to view ANY files on your laptop without permission. Call up a lawyer or something, or call the superintendant and bitch at him/her. I highly doubt the cops had a warrent to search your laptop, as they can't go outside of the warrent unless obvious illegal action is exposed(I think). |
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| Tranc3 |
| Yeah ok what's with the "we need your password to search for drugs on your computer" bit? |
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| Fundamental |
| quote: | Originally posted by Tranc3
Yeah ok what's with the "we need your password to search for drugs on your computer" bit? |
They wanted to look for hash tables. :stongue: |
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| Shook1 |
| I'm guessing ur still in H.S, so all I can think is that usually the 1st day in H.S they make u sign a security packet or form which usually entitles them to search your stuff based on a reasonable cause. If that wasnt the case, then ???I dont know???? |
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