My Local School Hired Private Security Guards.. Interesting Impact

My local School District hired private armed security guards. What I found interesting is that because they are private, they can search the lockers and backpacks without probable cause! It this good or bad? Do people think this is illegal search? What about kids rights?

School Safety: Ridgefield School District hires armed guards

"For one, security officers will be able to search lockers and backpacks if they believe drugs, alcohol or other forms of contraband could be found there. Police officers need to cite probable cause before they conduct searches of students on school grounds, Jacobson said."



http://www.columbian.com/news/2013/j...-armed-guards/

Lockers sure. It's their property. Backpacks I would be hard pressed to believe they can do that without probable cause unless the schools has that in their "rules" in writing somewhere. And by attending you agree to allowing them to do such. Again however, without probable cause IMO backpacks are private property and thus not searchable without your consent.

I knew a group of guys in college who used to move massive amounts of weed, they finally got arrests with something like 17lbs and 50k in cash seized in 3 different busts, all got off because the cops illegally searched one of their backpacks that had a pound in it.

No idea how this applies here, just thought I'd share.

Originally Posted by MpoweredM

Lockers sure. It's their property. Backpacks I would be hard pressed to believe they can do that without probable cause unless the schools has that in their "rules" in writing somewhere. And by attending you agree to allowing them to do such. Again however, without probable cause IMO backpacks are private property and thus not searchable without your consent.

what does PC have to do with a private security officer? They are not state actors.

Originally Posted by davidwarren

what does PC have to do with a private security officer? They are not state actors.

You know. You're right. Fcuk them!

Doesn't sound unreasonable to me.

The cops cite probable cause, then the security officer searches. It's just adding a middle-man to something that already happens.

Originally Posted by MpoweredM

Lockers sure. It's their property. Backpacks I would be hard pressed to believe they can do that without probable cause unless the schools has that in their "rules" in writing somewhere. And by attending you agree to allowing them to do such. Again however, without probable cause IMO backpacks are private property and thus not searchable without your consent.

Right

Originally Posted by davidwarren

what does PC have to do with a private security officer? They are not state actors.

They are acting as an agent of the school on behalf of them.

It is just kind of weird.. I can go either way on this.. Good deal if a weapon is found! I just found it interesting. I wonder if it will hold up in court if illegal substance is found?

Yet another reason why school isn't need. They don't teach you what you need to survive on the streets.

Some of the local schools around home required clear or mesh backpacks to facilitate searches.

Originally Posted by JonJon

They are acting as an agent of the school on behalf of them.

This.

I'm not ok with the state doing an end-run on 4A by hiring someone else to unreasonable searches and seizures for them. Otherwise, if the police wanted to search without PC, they just give someone $20 to go have a look and report back.

Having said that, though, IIRC courts have often determined that a student on campus is not fully protected by 4A in the same way as a person just walking down the street.

Did the school grant them the power of confiscation?

I know back when I was in high school, if teachers or the principle had thought you had some type of weapon or contraband in your locker, they had the right to cut your lock off (if you had one) and search EVERYTHING in your locker. This is still in effect in the school because I remember reading just last year that a girl's locker had been searched and extacy & cocaine were found. She was immediately expelled lol.

Students don't have any expectation of privacy at school, faculty can search whatever they want.

Cars, backpacks, lockers, etc.

Originally Posted by 325inthe510

Students don't have any expectation of privacy at school, faculty can search whatever they want.

Cars, backpacks, lockers, etc.

Well, that isn't 100% true

Originally Posted by 325inthe510

Students don't have any expectation of privacy at school, faculty can search whatever they want.

Cars, backpacks, lockers, etc.

You still have some 4a rights.

LOL.. Go to Disney and walk into the park. They look in every bag that goes in the park. You don't let them, you do not get in the park.

This is school. If this keeps drugs and guns out of school, great. Its a hell of a lot better than taking hi capacity mags away from lawful owners.

Originally Posted by Fatrusty

My local School District hired private armed security guards. What I found interesting is that because they are private, they can search the lockers and backpacks without probable cause! It this good or bad? Do people think this is illegal search? What about kids rights?

School Safety: Ridgefield School District hires armed guards

"For one, security officers will be able to search lockers and backpacks if they believe drugs, alcohol or other forms of contraband could be found there. Police officers need to cite probable cause before they conduct searches of students on school grounds, Jacobson said."



http://www.columbian.com/news/2013/j...-armed-guards/

School administration can already search lockers and backpacks without probable cause.

As a matter of fact, they can search the kids too.

Kids do not have the same rights on school grounds as the general public does off school grounds.

Schools need to look more like prisons anyway. Gotta prep those kids for corporate life.

Originally Posted by Xcelratr

Having said that, though, IIRC courts have often determined that a student on campus is not fully protected by 4A in the same way as a person just walking down the street.

This. I don't remember the exact details, but the general statement is that kids in school don't have the same 4th A rights as some adult in their own home. A sorta similar example is how prisoners don't have the same 4th A protections. Students and prisoners are the "exceptions" to the basic 4th A concepts.

Judges "opinions" can shrink or expand your constitutional right. Even a basic one that everyone takes for granted (privacy) was created when some judge just pulled it out of his ass. But, in general, it's a good idea so no subsequent judge is even gonna dream of reversing it.