{"id":8042,"date":"2013-02-11T13:33:05","date_gmt":"2012-12-03T06:54:23","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-12-03T06:54:23","slug":"en-US","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=8042","title":{"rendered":"FL2: Search of school bookbag without reasonable suspicion of anything unreasonable"},"content":{"rendered":"<p>The juvenile had an early meeting with her school counselor, and, after the meeting, she had to leave her bookbag because of a school rule against bookbags in the hallway. Four times during the day she came and asked for access to the bookbag which was denied. Based on that, the counselor decided to search the bookbag, and marijuana and paraphernalia was found. The search was without reasonable suspicion of any violation of law or rule, and was unconstitutional. <a href=\"http:\/\/www.2dca.org\/opinions\/Opinion_Pages\/Opinion_Page_2012\/November\/November%2028,%202012\/2D11-2578.pdf\">T.S. v. State<\/a>, 100 So. 3d 1289 (Fla. 2d DCA 2012).<\/p>\n<p>Defendant was stopped on a bicycle for having no light. It should have been viewed the same as a traffic stop with basic questioning. Defendant was asked if he had a weapon and he volunteered he did. That was not unconstitutional. <a href=\"http:\/\/www.sconet.state.oh.us\/rod\/docs\/pdf\/2\/2012\/2012-ohio-5532.pdf\">State v. Brown<\/a>, 2012 Ohio 5532, 2012 Ohio App. LEXIS 4806 (2d Dist. November 30, 2012).<\/p>\n<p>Fleeing from a car stopped for a traffic violation is not being \u201cstopped\u201d for Fourth Amendment purposes. United States v. Sebbern, 2012 U.S. Dist. LEXIS 170550 (E.D. N.Y. November 30, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>b2evALnk.b2WPAutP <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=8042\">Continue reading <span class=\"meta-nav\">&rarr;<\/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-8042","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8042","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=8042"}],"version-history":[{"count":0,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/8042\/revisions"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=8042"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=8042"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=8042"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}