Shotguns found in cars at Fairfield Jr./Sr. High School

[Coach]

The smoke free campus gets overlooked all the time if schools are having construction done, because they don't want to slow things down by making the workers drive off campus to smoke on breaks and such. No one was smoking or going to smoke these cigs with them being locked in the car.

 

[Dr Falken]

Answer: Jury Nullification

I agree, and it should be used more, not sure that many people know what it is...

 

[Blue Tile Spook]

if the 18yr old was the owner of the vehicle, and as such is legally able to purchase / consume cigarettes, where again is the probable cause?

I don't know what papers the kid signed or how it was stated on any papers that he did sign, I'm just saying that, in the experience we had with our older son, the mere possession of contraband, even cigarettes, was reason for the school to search my stepson's vehicle. We "had" to agree to that or he wasn't allowed to drive to school. My wife and I signed the paperwork agreeing to no cigarettes in his vehicle, so no cigarettes in the vehicle. Cut and dried.

Since when did cigarettes get outlawed on school grounds - as a matter of state of federal law?

It's not state law. What got the kid in trouble was that they searched the vehicle for any other contraband and found the shotgun. THAT's the violation of state law.

IMHO, the resource officer in question clearly violated that young man's 4th amendment rights, and as such; he should be fired, sued, tarred and feathered. He clearly overstepped his authority, and may have even had it out for this kid.

If the parents agreed to the suspension of their child's 4th amendment rights by signing a form agreeing to any vehicle searches then the search was not a violation of law.

 

[chefjerome]

What are the odds he could get the charge thrown out on the basis that the search may have been illegal since he is 18 and legally allowed to have cigarettes in his car? I remember when a kid in my high school had his car searched because they saw cigs in his car...this led to them finding his funny cigarettes. While he still was expelled because of the weed...the criminal case was thrown out because of an illegal search. Just my $.02

 

[SavageEagle]

What are the odds he could get the charge thrown out on the basis that the search may have been illegal since he is 18 and legally allowed to have cigarettes in his car? I remember when a kid in my high school had his car searched because they saw cigs in his car...this led to them finding his funny cigarettes. While he still was expelled because of the weed...the criminal case was thrown out because of an illegal search. Just my $.02

This happened in Plainfield when I was a junior. Our buddy got caught with weed and vicodin in his car, but only because they found a cigarette butt sitting beside his car. (He was 18) They searched his car and found his stuff, but they threw out the case on the grounds that it was an illegal search. Then again, the butt was on the ground outside his car and not in it. That may have made a difference.

 

[chefjerome]

This happened in Plainfield when I was a junior. Our buddy got caught with weed and vicodin in his car, but only because they found a cigarette butt sitting beside his car. (He was 18) They searched his car and found his stuff, but they threw out the case on the grounds that it was an illegal search. Then again, the butt was on the ground outside his car and not in it. That may have made a difference.

That could be the the case. Sorry, I posted my reply after only reading about 3 pages. Should have kept reading to see if this was brought up already.

 

[SavageEagle]

That could be the the case. Sorry, I posted my reply after only reading about 3 pages. Should have kept reading to see if this was brought up already.

No, no problem. Sometimes I can't make it a page before I feel the urge to reply.

 

[Valparaiso Gunsmith]

Hello Everyone,

I am the Blood Uncle to one of the boys. This thread was forwarded to me by a friend. I would like to thank everyone for discussing this in depth.

Respectfully, I cannot divulge any information reguarding this at this time do to potential litegation however, suffice it to say that returning back home late from a hunting outing, going to bed and getting up early and truly forgetting to remove his shotgun may cost my nephew dearly.

I as well have serious opinions about this whole issue of the search and the selective enforcement of the zero tolorence of tobbaco on campus that I will keep to myself but you can trust that these are good boys whom did not mean any harm.

I ask that you please also post comments on the WNDU and WSBT blog pages.

Thanks fella's, keep the post's going,

Indy

 

[SavageEagle]

Hello Everyone,

I am the Blood Uncle to one of the boys. This thread was forwarded to me by a friend. I would like to thank everyone for discussing this in depth.

Respectfully, I cannot divulge any information reguarding this at this time do to potential litegation however, suffice it to say that returning back home late from a hunting outing, going to bed and getting up early and truly forgetting to remove his shotgun may cost my nephew dearly.

I as well have serious opinions about this whole issue of the search and the selective enforcement of the zero tolorence of tobbaco on campus that I will keep to myself but you can trust that these are good boys whom did not mean any harm.

I ask that you please also post comments on the WNDU and WSBT blog pages.

Thanks fella's, keep the post's going,

Indy

No thank you sir for coming here and keeping us informed and vouching for those boys. I knew they were good ol boys and you just confirmed that. Godspeed and Good luck. If there's anything you need, let us know.

 

[tyrajam]

I remember in Junior high my parents dropped me off at school with a .22. I set it in the bushes outside the door and went into the principals office. I told her I was going over to sam's house after school and had brought my 22 with me. She told me to bring it in and leave it in the office until his mom picked us up, end of story.

Man, aren't you glad we have progressed this far?

 

[Mgderf]

Hitch-hiking in the early '70's, northern CALIFORNIA, I was picked up by a passing driver, WITH A .22 RIFLE!

I had been plinking with a friend, and thumbing it home. BTW- I was all of 14 years old at the time!

 

[SavageEagle]

I'm always afraid that one of these days I'm going to break down on the side of the road going to or coming back from somewhere, especially Indy. I usually have a shotty in my trunk and there's no way I'm leaving it in my car on the side of the road. Can you imagine people's reaction seeing a guy walking down I70 in Indy with a shotty on his shoulder? (No sling yet) Hey, at least I'd get help sooner than later!

 

[Srtsi4wd]

Brining back a thread from the dead, appropriate for Hallow's Eve.

Does anyone have an news on this? Is the prosecutor still pursuing charges? I've done a few web searches but cannot find any updates past the initial reports.

Thanks!

 

[tenring]

Many, many years ago, bought a .22 revolver, went to the local city police [age 15, no drivers license, rode bicycle] to register it, cops laughed while telling me I didn't have to register it, and your too young to even be carrying it. Well I'm going to take it squirrel hunting this Saturday, so what do I do if I see a patrol car while riding my bicycle, solution according to them was if I saw the cops coming, hide it quick so they can't see it. They then told me to get out of City Hall and put that thing in your belt and cover it with your shirt so no one can see it! BTW, at least four cops wanted to examine it while I was there.

 

[jmiller676]

Many, many years ago, bought a .22 revolver, went to the local city police [age 15, no drivers license, rode bicycle] to register it, cops laughed while telling me I didn't have to register it, and your too young to even be carrying it. Well I'm going to take it squirrel hunting this Saturday, so what do I do if I see a patrol car while riding my bicycle, solution according to them was if I saw the cops coming, hide it quick so they can't see it. They then told me to get out of City Hall and put that thing in your belt and cover it with your shirt so no one can see it! BTW, at least four cops wanted to examine it while I was there.

Those are the good ole' days I hear about and wished I lived in. Now, if you took a nerf gun in City Hall you'd be attacked by vicious German Shepherds, pepper sprayed, tazed, cuffed, and be taken away from your parents because they're negligent, etc.,etc., etc.