Q: can a student in northern california be taken into a room have his back pack searched and search the student?
He was not read any miranda wrights no school cops were involved falsely detaing him and making allegations of smoking weed. He was never told why they were searching him or his backpack and they did not notfy me or his mom
A:
See: https://www.aclunc.org/our-work/know-your-rights/searches-of-students
More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website. I practice law in CA, NY, MA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.
A: In California, and throughout the other 49 states, Police And Law Enforcement have been granted additional authority to conduct searches and seizures which otherwise fall under the umbrella of traditional 4th Amendment protections. The underlying rationale is that school zones with children and even university and colleges require additional safeguards to keep students safe and secure while under responsibility of the school district. "Portal to portal" responsibility for safety extends from the front doors of the residences to campus and back so yes, searches of backpacks,lockers, and persons are valid and supported by the Constitution. Even the introduction of canine sniffs of lockers and unobtrusive searches that are the functional equivalent are deemed valid in most jurisdictions.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.