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xocetaceans

(3,943 posts)
17. You may be correct. However, this analysis seems to oppose your argument...
Wed May 4, 2022, 03:48 PM
May 2022

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


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.
we are a long way from Sheriff Taylor (Andy Griffith). lapfog_1 May 2022 #1
Oh no. When I went to school big male teachers would ram kids into lockers. LakeArenal May 2022 #2
Doesn't make it right Jilly_in_VA May 2022 #13
Not saying it's right. Saying there's bullies in every profession. LakeArenal May 2022 #16
This message was self-deleted by its author Chin music May 2022 #3
Are we being sarcastic? Miguelito Loveless May 2022 #4
This message was self-deleted by its author Chin music May 2022 #5
IMO this was excessive force by a cop, and a pitiful adult who instead of... brush May 2022 #6
This message was self-deleted by its author Chin music May 2022 #8
If noting that the kid's 4th Amendment rights were being violated by the cop... brush May 2022 #10
This message was self-deleted by its author Chin music May 2022 #11
Yes, there were no drugs found. (See post #12.) xocetaceans May 2022 #14
FOURTH AMENDMENT. The kid's right was violated and he sensed it even if he... brush May 2022 #15
You may be correct. However, this analysis seems to oppose your argument... xocetaceans May 2022 #17
The state of Maine is it? And parents should not have been.. brush May 2022 #18
Ok, I get frustration... xocetaceans May 2022 #19
The officer lied that he smelled pot coming from... brush May 2022 #20
I see what you are saying. xocetaceans May 2022 #29
No longer interested. The parents should've been called... brush May 2022 #30
Ok, I was just trying to acknowledge your position out of respect and not ignore you. xocetaceans May 2022 #31
This message was self-deleted by its author Chin music May 2022 #21
What are you going on about? The cop lied, there was... brush May 2022 #22
This message was self-deleted by its author Chin music May 2022 #23
It's not complicated. The cop lied, there was no pot... brush May 2022 #24
This message was self-deleted by its author Chin music May 2022 #25
Please, no one demonized all cops. The cop in the video... brush May 2022 #26
This message was self-deleted by its author Chin music May 2022 #27
I don't resort to insults. I just state the facts. brush May 2022 #28
In watching the video, the kid refused to be searched and decided to struggle against it. xocetaceans May 2022 #7
This message was self-deleted by its author Chin music May 2022 #9
See post 5. The cop was abusive and lied as no drugs were found. brush May 2022 #12
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