Privacy issues arise at Clark
(April 1, 2011) — “They accused me of having marijuana in the passenger seat of my car,” said an anonymous Clark student about an incident that led to his suspension from school. “I don’t smoke weed, I don’t know how it got there.” Followed by this accusation, this anonymous Clark student received a two day suspension for what he says was telling the truth. “They yelled at me when I denied it,” he said. “There were truly no words to describe how I felt.” Later last year, during second period, the school intercom demanded his presence at the office, immediately. Anxiously waiting for his arrival were Assistant Principal Kristina Provost and a private investigator, according to the anonymous Clark student. “They told me that two Labradors sniffed something in my car,” he said. “I gave them permission [to search] because I had nothing to hide.” According to this student, the private investigator checked through every inch of his car and found a speck of marijuana lodged into the floor mat – enough to get this Clark student in trouble. Although he was left enraged with being accused, one of his main concerns was also his belief that his privacy was violated. “It doesn’t matter what I have in my car,” he said. “With or without a warrant, what right does the school get to search what’s in my car?” While this student felt the need for more privacy, the GUSD Board Policy suggests otherwise. According to the GUSD Board Policy 5145.12, “All vehicles driven or parked on District premises shall be subject to a search by District representatives or law enforcement personnel for any reason at any time.” Although this student said he felt that the private investigators should have first asked for permission to use the detection dogs, Board Policy states that canines can be used to sniff vehicles on district property without any restrictions. Senior Tadeh [last name omitted] believes it isn’t fair that regulations allow the school district to search student belongings. In another situation, this senior was asked to have his car searched by three to four investigators. In there they found a hookah – which was his – and alcohol, which was his brother’s. “They gave me a five day suspension,” he said. “I’ve definitely learned my lesson.” Legal experts say that the Fourth Amendment provides more protection for students outside of school as opposed to inside of school, where the Fourth Amendment provides minimum protection for student rights. According to school principal Doug Dall, once on school property, all student property is subject to search. There are also a few exceptions that work against student rights outside of school. One of those few exceptions includes the “automobile exception,” where police have a lower level of reasonable suspicion needed to search a vehicle, making it much easier to search your car without obtaining a warrant first. Since it is easier to remove or destroy any evidence, you have less privacy in your car. Consequently, police do not need a warrant to search in these cases. According to the legal experts, school officials can conduct searches on campus without probable cause or a warrant, as opposed to if you were outside of campus, where probable cause or a warrant would be required. However, any searches done by a government entity other than a school official could be considered a violation of the Fourth Amendment. Tadeh [last name omitted] said that with numerous students receiving what he views as unreasonable punishments for not being wary of their rights, it becomes extremely important for them to start taking note of what they should not bring with them to school.
*Original article updated May 20, 2015