Originally posted by x0847Marine
A coursery search of the public is 100% legal during detention, not training. We did these drills, but used volunteer kids who had written permission... otherwise we called it a raid. The HMFIC dropped the ball by not ensuring the school knew it was a drill.
Just a bit of clarification here. The HMFIC that dropped the ball happens to be the school itself. The Dept. and Officers were under the impression that the school had notified the parents and students beforehand about the drill. Read the last paragraph of the article.
FWIW the students do not have 4th amendment rights to anything in the school. They are neither owners of, renters of nor tennents of the school. AQs such the only responsible party for the search of the school is the principal or other designated representative of the school. They can and do give permission to search a classroom, locker or any other part of the school at
their discression by Police or Fire personnel. This is up to and includes backpacks, purses, fanny packs lunch bags, etc. brought on campus by a student. There is normally a sign at the entrance of the school advising anyone entering campus is giving tacit permission to "search" any container brought on campus by the entrant. A "pat down" search for weapons is also not a "protected" 4th amendment "search" as part of a normal or unusual situation contact with a person by LE personnel.
In a similar situation I was advised that using a locker at the Department locker room, using a desk or any other facility of the Department also meant I was giving "implied concent" to search those items including anything I brought into the building. That was all the way back in 1976.
The same reasoning applied then and does now since I did not have a residential interest in the property any more than I did when I was in Highschool prior to that. I had been told about and saw that searches of lockers in my HS were authorized and conducted by school personnel with LE folks standing by to take any legal action necessary by the result of the search. This was in the late 60's and very early 70's. As you can see, searching the school grounds is
not a new thing.
If you want to blame someone about this kind of drill blame the two idiots responsible for the columbine situation and all the "copycats" who continue to do similar things to get the "attention" or "revenge" they desire.
You may now continue your rants against the evil "establishment". Actually this is rather like a blast to the past in the early 70's with the "establishment" putting all the flower children (and kids in general) "down" for a real "bummer", man. "Power to the people", dude!!!
