this post was submitted on 26 Aug 2023
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[–] datelmd5sum@lemmy.world 54 points 10 months ago (6 children)

I'm not from the US, but isn't this against the 4th?

Generally, a search or seizure is illegal under the Fourth Amendment if it happens without consent, a warrant, or probable cause to believe a crime has been committed.

[–] kmkz_ninja@lemmy.world 61 points 10 months ago

Kids don't have the same rights, literally.

[–] InverseParallax@lemmy.world 19 points 10 months ago

Government property, and kids rights have been judged curtailed by scotus, so no.

[–] 1chemistdown@kbin.social 11 points 10 months ago

It’s only against the amendment if the families can afford to litigate. This is not going to happen in those schools (and by those I mean predominantly white middle/upper class racist).

[–] oodarthvader@lemmy.world 10 points 10 months ago (1 children)

In many cases schools are legally considered in place of parents meaning they can give certain consents for the underage attendees such as approving of search and seizures of their private property. https://www.law.cornell.edu/wex/in_loco_parentis

[–] shastaxc@lemmy.world 1 points 10 months ago (1 children)

Public schools are not private property

[–] LifeInMultipleChoice@lemmy.world 2 points 10 months ago

The school isn't private propery, but the backpack/bag is what they were calling private property. Unfortunately parents sign away just about all of their kids rights when they sign them up for school.

As for my experience, they would show up a few times a year, usually because someone ratted out someone for having drugs. They would walk the dog through the halls by the lockers when we were in class. It was rare to ever encounter one of the dogs. If you were the one that got ratted out you would have been pulled out of class. The worst I had experience with was an upset girlfriend whom stuck a gram of weed between the backseat cushions of the car her boyfriend was driving. She reported him as having drugs in his car and he got expelled.... over a gram of weed that he didn't know existed.

The right to search your car I believe you have to grant to get a parking permit, which once again is walking the line with shouldn't be legal.

[–] Khanzarate@lemmy.world 7 points 10 months ago (1 children)

It's K-9 units.

The police love their dogs so much because smells aren't protected like that. They don't need a warrant to pass by you, but passing by you is all a dog needs. If a dog smells weed, that's probable cause, and now they can do a real search.

In this case random K-9 searches just means there'll be a cop and a dog walking around, seeing what the dog smells, maybe generating that probable cause.

[–] Foggyfroggy@lemmy.world 11 points 10 months ago (1 children)

Dog doesn’t have to smell anything. It’s a convenient reason to do whatever they were going to do anyway.

[–] Khanzarate@lemmy.world 4 points 10 months ago (1 children)

Corruption isn't relevant to the original and stated purpose, which doesn't violate the constitution's rules for searches and seizures.

Corruption is a problem, but a separate one.

[–] Foggyfroggy@lemmy.world 5 points 10 months ago

Pretty sure corruption is included in the law. The false positive rate rate for dogs is abysmal. Might as well be magical beeping devices like we sell to Iraq for “bomb detection”, the ade651.

[–] KIM_JONG_JUICEBOX@lemmy.ml 1 points 10 months ago

If the dog alerts, then you have manufactured probable cause. Problem solved.