{"id":6325,"date":"2012-11-06T06:57:52","date_gmt":"2011-11-28T07:27:30","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2011-11-28T07:27:30","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6325","title":{"rendered":"ID: Tobacco on breath at school justifies car search for possession of tobacco on school grounds under T.L.O.<\/em>"},"content":{"rendered":"

Assistant principal\u2019s smelling tobacco on defendant\u2019s breath justified a search of his car on school grounds for violation of school rules of any possession of tobacco on school grounds, including in cars. Reasonable suspicion of violation of a school rule is all that is required, not a violation of the criminal law; and, here, defendant was over 18 and legally able to otherwise possess. A marijuana pipe was found. State v. Voss<\/a>, 152 Idaho 148, 267 P.3d 735 (App. 2011):<\/p>\n

In examining the authority in [T.L.O.<\/a> and Redding<\/a>], we hold that the search of Voss\u2019s vehicle was justified at its inception. Both T.L.O.<\/a> and Redding<\/a> indicate that the reason for the schoolyard search exception to the warrant and probable cause requirements is precisely for the swift enforcement of school policies that maintain the order and safety of the educational atmosphere. As such, the assistant principal could justify the search of Voss\u2019s vehicle on school grounds based solely on reasonable suspicion that Voss was in possession of tobacco in violation of school policy\u2014even if it would not otherwise constitute a crime.<\/p>\n

In holding that a search may be justified at its inception because of reasonable suspicion the student is violating only a school rule that may or may not also constitute a crime, we find language in T.L.O.<\/a> particularly persuasive. There, the Supreme Court stated that a search of a student by a school official \u201cwill be \u2018justified at its inception\u2019 when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school.\u201d T.L.O.<\/a>, 469 U.S. at 341-42 (emphasis added). Additionally, when the Supreme Court dispensed with the warrant requirement, it noted that having to obtain a warrant \u201cbefore searching a child suspected of an infraction of school rules (or of the criminal law) would unduly interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools.\u201d Id. at 340. …<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-6325","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6325","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=6325"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/6325\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=6325"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=6325"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=6325"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}