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Tennessee
In reply to the discussion: GRAPHIC: Knoxville parents report body cam video proves excessive force claims at middle school [View all]xocetaceans
(3,943 posts)17. You may be correct. However, this analysis seems to oppose your argument...
On page 16 of the linked document, it appears to indicate that warrantless searches are considered legal under this particular exception:
SCHOOL SEARCH AND SEIZURE: AN OVERVIEW OF THE LAW
Juvenile Defense Network
Youth Advocacy Department - Committee for Public Counsel Services
...
D. There Were Exigent Circumstances. See, e.g., State ex rel. Juvenile Dep't
of Washington County v. DuBois, 110 Or. App. 314 (1991) (public high
school student supervisor's warrantless search of a student's pockets and
fanny pack was valid because the possible presence of a gun created
exigent circumstances making the warrant requirement inapplicable); S.C. v.
State, 583 So.2d 188 (Miss. 1991) (warrantless search of high school
student‟s locker based on a classmate‟s report that student possessed
firearms was constitutional because of the exigent circumstances presented);
People v. Lanthier, 5 Cal.3d 751 (1971) (noxious odor in area of university
study hall constituted emergency sufficient to justify search of student‟s
carrel and briefcase).
...
https://www.publiccounsel.net/ya/wp-content/uploads/sites/6/2014/08/school-search-and-seizure.pdf
Juvenile Defense Network
Youth Advocacy Department - Committee for Public Counsel Services
...
D. There Were Exigent Circumstances. See, e.g., State ex rel. Juvenile Dep't
of Washington County v. DuBois, 110 Or. App. 314 (1991) (public high
school student supervisor's warrantless search of a student's pockets and
fanny pack was valid because the possible presence of a gun created
exigent circumstances making the warrant requirement inapplicable); S.C. v.
State, 583 So.2d 188 (Miss. 1991) (warrantless search of high school
student‟s locker based on a classmate‟s report that student possessed
firearms was constitutional because of the exigent circumstances presented);
People v. Lanthier, 5 Cal.3d 751 (1971) (noxious odor in area of university
study hall constituted emergency sufficient to justify search of student‟s
carrel and briefcase).
...
https://www.publiccounsel.net/ya/wp-content/uploads/sites/6/2014/08/school-search-and-seizure.pdf
Though the document seems to have been produced specifically for the use of persons in MA, perhaps the reasoning in it also applies nationally.
Clearly, from the video, there were multiple school staff who believed that the student had violated a school policy regarding drug use and/or drug possession. Fitting the suspected smell of marijuana to the above excerpted paragraph's "noxious odor" seems then to justify a warrantless search.
As noted before, you may be correct. However, at the moment, it does not seem so -- based on the above excerpt and the document from which it was taken. Please show me where I am incorrect.
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GRAPHIC: Knoxville parents report body cam video proves excessive force claims at middle school [View all]
Jilly_in_VA
May 2022
OP
You may be correct. However, this analysis seems to oppose your argument...
xocetaceans
May 2022
#17
Ok, I was just trying to acknowledge your position out of respect and not ignore you.
xocetaceans
May 2022
#31
In watching the video, the kid refused to be searched and decided to struggle against it.
xocetaceans
May 2022
#7