Can a NY high school search a student’s car without a warrant??
Topic: Warrant case search
July 18, 2019 / By Audra Question:
At my small suburban high school in Central NY (Syracuse), there is a state trooper who has an office in the building and is here at nearly all times during the school day. I know that lockers and bags can be searched, but: If a student was suspected of having something that they should not in his or her vehicle, can it be searched? And what is the procedure by which the searching would occur? Would the student be notified beforehand?
What constitutes probable cause? Rumors about the student in question? Or something more suspicious like erratic behavior on the part of the student him/herself?
Best Answers: Can a NY high school search a student’s car without a warrant??
Abbey | 7 days ago
As long as your parked on school property and they have probable cause then they can search it without a warrant. Its unlikely they would do this though unless it was suspected that there was something potentially harmful (guns, bombs, etc) inside the car. And its likely you would be notified first as they would prefer you just to unlock the car.
Probable cause can be if someone reports to the officer or the principal that there is something in the car. It would in most cases have to be reported by a few people - not just one. But yes if a rumor seems valid (ie. people say they've seen it inside your car) then a rumor can do it. In conclusion - if you have stuff you don't want found in your car; take it off school property. As long as its on their property they can search it for very little reason.
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We found more questions related to the topic: Warrant case search
Originally Answered: The police searched my house without a search warrant could my case be invalid due to no search warrant?
You need to explain the situation. There is not anywhere near enough information here to answer yoru question.
If they had a call to your house, then for safety purposes they can search the entire house for people. They can only look in places a person may hide. If they saw something in plain view, they can seize it and arrest you for it. If they started tossing your couches, opening your drawers and going through your papers, this would be illegal. They should have obtained a search warrant once they found the contraband and arrested you.
I don't know the legislation of NY, but at my highschool there was a huge drugbust in my senior year. There were like 50 suspects and they searched lockers, backpacks, and cars. If the cars were parked ON SCHOOL PROPERTY they were allowed to be searched without a warrant since it was within school jurisdiction, and drugs/paraphenalia violates the student code. If they are parked OFF SCHOOL PROPERTY (which is more than just the school, usually 100 ft radius from the school) then a warrant is needed.
In both cases, the students were notified; the police didn't break into the cars at all. But I'm sure if it was on school property they could break into the car if they wanted to.
👍 40 | 👎 1
You have a lesser expectation of privacy on school grounds, and a vehicle can be searched without a warrant if the officer has probable cause to believe there is something illegal.
There is no need for you to be present or notified, but I would be surprised if you were not advised ahead of time.
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nicely...i imagine your really Out right here's become the quest lifelike? If someone informed the vice important they talked about you placing knife into your backpack and their statement appeared credible, then you genuinely are out of success. Now if there turned right into a rumor going round you had a knife without concrete information to help that rumor, then you genuinely have some room to conflict. All in all, you had a knife and also you've been no longer meant to and now you want to pull and end run right here. if you're jammed up as a results of this knife then do understand it is a difficulty regularly of your man or woman making.
👍 28 | 👎 -11
In your handbook I bet there is something that says all vehicles on the property are subject to search......that is the law for schools and most Gov.buildings.....
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No, they need permission from you, unless she has probably cause to search your car, btw, the Supreme Court yesterday has ruled that evidence that has been illegally obtained, can be used to prosecute a criminal.
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