N.J. Supreme Court rules schools can search cars of students

Discussion in 'Law and Justice System' started by chanel, Feb 4, 2010.

  1. chanel
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    chanel Silver Member

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    N.J. Supreme Court rules schools can search cars of students | - NJ.com

    Good law?
     
  2. jillian
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    jillian Princess Supporting Member

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    modern version of searching their lockers, no?
     
  3. RetiredGySgt
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    RetiredGySgt Platinum Member

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    I have no major problem with it, my problems are with the Zero tolerance bullshit.
     
  4. chanel
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    chanel Silver Member

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    Yes Jillian. Of course your friends at the ACLU fought against locker searches too. :cool:

    The problem is see with this is that many schools don't have enough parking for all the students. Many park "off campus". Whether it extends to that also will yet to be seen. Savvy drug dealers will most likely park on the street. Although most of them aren't too smart. :lol:
     
  5. jillian
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    jillian Princess Supporting Member

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    you make silly assumptions ... my "friends"?

    they take the positions they take because people like you get a little er.. overzealous... when you don't like something. they have a job to do.

    sorry you hate the first and fourth amendments. :thup:

    This is all I found on the ACLU site about the subject.

    Locker, Backpack & Body Searches :: American Civil Liberties Union of Pennsylvania
     
  6. chanel
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    chanel Silver Member

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    Not a big fan of the ACLU simply because I disagree with a lot of their frivolous cases and their support for pedophiles. But believe it or not Jillian, I do believe they serve a purpose and not all their causes are bogus.

    My main problem with "friends" of the ACLU is that they often claim that anyone who disagrees is either stupid or hates the Constitution. Rarely are the decisions unanimous. I don't believe dissenting judges are stupid or hate the Constitution, do you?
     
  7. RetiredGySgt
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    RetiredGySgt Platinum Member

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    As a matter of fact she does, just ask her about the Judges on the Supreme Court now. Though that would not be the dissenting Judges in this case.
     
  8. lawbuff
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    lawbuff Member

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    I don't have problem with it, from a legal standpoint:


    http://www.judiciary.state.nj.us/opinions/supreme/A7708StatevThomasBest.pdf

    Of course the decision cites TLO, which was a NJ case in 1984, so the ruling is not surprising.

    Absent a few carefully crafted exceptions, a search warrant is needed to invade a person's privacy, TLO ruled that although teachers/school officials ARE agents of the government for 4th AM purposes, they are not held to as strict a scrutiny as the police are.

    Since the decision was based on the 4th AM and not soley NJ's Constitution, it is appealable on the federal level.
     
  9. Contumacious
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    Contumacious Radical Freedom

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    They will get an education alright:

    Every politically controlled educational system will inculcate the doctrine of state supremacy sooner or later. . . . Once that doctrine has been accepted, it becomes an almost superhuman task to break the stranglehold of the political power over the life of the citizen. It has had his body, property and mind in its clutches from infancy. An octopus would sooner release its prey. A tax-supported, compulsory educational system is the complete model of the totalitarian state. –Isabel Paterson, The God of the Machine (1943


    .:eek:
     
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  10. JD_2B
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    JD_2B Little Vixen

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    I'm torn..

    Overall- Yeah it is a good law, for the way our laws currently work. Drugs are illegal, for reasons that I understand, although I do not wholly agree. Guns on school property- another law I understand, but do not agree with.

    Schools are breeding grounds for drug dealers and users, as well as the bullying of "different" kids, which ends up in cases like Columbine and Virginia Tech.

    For these reasons, I agree that car searches are necessary for the safety of the children, as a means of busting the drug dealers and potential murderers before they get to their targets.

    However, I don't think that drug legislation should be pushed as far as it is. Too often, people get tried and convicted of drug crimes like possession with intent to sell, when in reality, it was some violent crime that they committed, and got off on, or never got charged with. Drugs don't cause crimes- people cause crimes. Same idea with guns and knives. If the schools want to have safer schools and create some kind of legislation about that, why not offer drug and violence education programs at the parent teacher meetings, and have like two a year, that are mandatory, and send home information that must be signed by the parent and student a couple of times a year, also?

    My son is 11, and has a couple of bullies in his class. He is in 5th grade, and we have already discussed getting him a can of pepper spray to carry with him. He gets kicked for tapping his pencil in class, or singing little songs in line. The bully that kicks him, kicks HARD, and it hurts my son, even puts bruises on his legs sometimes. I am shocked that I have been forced into considering sending him to a "safe place" with a can of mace.. His bully's brother used to kick him, but when he got kicked out of the after school program (different organization) for it, he stopped.
    We have other choices we could make, like pressing charges on the abusive child, as it does happen almost every day, or filing for an injunction, which I doubt would do much good, really.

    I arm my son with non violent strategies on how to make the bullies stop, but my son won't even call the kid gay out loud. See, he gets kicked in the butt and the legs. I think that if he called that boy gay, and accused him of being in love with my boy's body to the point of not being able to control himself from wanting to touch his butt (its a stretch, lol I know) all the time, then maybe it would embarass the kid, and he will stop doing it. My son said "Well, we are not supposed to get loud at school, because that is disruptive to the other classes."
    I would really just tell my kid to turn around and deck the boy, but that is not the answer here. All that would do would be to piss the boy off, and my poor son would end up getting beat up by a big group of kids after school. When we first moved to this neighborhood, some middle aged man got killed with a table leg, by a group of bad local dudes, and that was over a cheating girlfriend. I do not want to be here for a long time, but I also would not want any of these punk kids to think that using a piece of wood on my son's head was an acceptable means of handling their problems, NOW, either.

    So it is a conundrum for us. If he is kicked even ONE more time, by this kid, or anyone else, I will buy him pepper spray, and maybe tell him to keep it a secret until he empties the can on the kid after school. Pepper spray is a non violent self defense tool, and the best I can do with my son- My boy is soooo gentle and loving, and my only fear is that he might pull it out when he is getting kicked, lose his nerve, and NOT push the button. If he fights back in school, he could get suspended. If he doesnt fight back, he will keep pulling himself into this unhappy defensive shell he has created, around these asshole kids.

    One kid, a 9 year old, when my son was in 1st grade, a BIG kid, used to trip him all the time and bump into him on purpose, and was an all around bully as well- Well, this kid ended up getting a black eye from my son, and he stopped the bullying then. I wish my son would just teach this other boy a lesson, too. Grr... The school system SUCKS.
     

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