Let's not forget, too, that the OP had left this school because they had too many rules.
Therefore, a known disciplinary problem returns to school, parks out front in a fire lane and demands that the school resource officer allow him to remain because he was bringing his girlfriend a burrito.
Sounds like someone really wanted to rub the "you can't touch me because I don't go to school here anymore" situation in the school's face and failed miserably.
Trespassing at a School
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11-06-2010, 08:35 AMcyjeffRe: Trespassing at a School
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11-06-2010, 09:57 AMPandorasBoxRe: Trespassing at a School
I still want to know where the Girlfriend was. Did she remain inside the doors, or did she come up stating "That's my boyfriend and he's bringing me lunch...."
Another thing....Liability Issues. How does that officer know there is not a weapon or drugs in the lunch bag? If the school has security and has to run her through again....that burrito is gonna be cold by the time she gets to eat. -
11-06-2010, 11:48 AMcyjeffRe: Trespassing at a School
It actually goes one step further.
Here in Georgia, any car that goes onto school property is subject to search. Wonder what they would have found? -
11-06-2010, 12:35 PMBORRe: Trespassing at a SchoolI find that hard to believe, you sure? I am not saying it does not happen, per se, more of a case citation would be helpful.Quote:
Quoting cyjeff
The 4th AM is still alive in GA.
Whoa whoa, I also question the trespass order.
To ban a person totally from public property, school or not is constitutionally questionable.
You, as an example, have a right to pick up your girlfriend on the lot!
If they charged you with trespassing the next time you enter, assuming you do, for a legitimate reason that is, I would challenge it.
School security, unless it was an actual police officer acting under color of law, do not know what they are talking about sometimes.
There was a case some years ago from the United States Supreme Court about NON residents of public housing "hanging around".
The SC ruled the state can restrict such activity to a certain degree, even though it is public property.
I understand fully what the others are saying about school security, etc., but as a definite legal answer, that is not known until you are charged and plead not guilty.
Unless you plan to make it a "test case" to challenge the Constitutionality OR seek a Declaratory Judgment in Court to possibly vacate the written warning, I would not legally advise entering the school perimiter. -
11-06-2010, 12:56 PMcyjeffRe: Trespassing at a SchoolFrom the student handbook... go to page 1 for info about visitors and 30 about cars on the campus lot.Quote:
Quoting BOR
http://www.ahsraiders.com/informatio...book-2010-2011
Yes, but when you drive your car on campus, you waive that right. If you don't want to permit your car to be searched, don't bring it on campus.Quote:
The 4th AM is still alive in GA.
Please give the basis for the right of a stranger to cruise onto school property and pick up a student.Quote:
Whoa whoa, I also question the trespass order.
To ban a person totally from public property, school or not is constitutionally questionable.
You, as an example, have a right to pick up your girlfriend on the lot!
BOR, usually you do more research than this and I am usually learning from you. Here, however, you are wrong.
Schools have the absolute right to govern visitors on campus. Especially when those visitors are former disciplinary problems that are currently parking illegally during school hours.
He was IN A FIRE LANE DURING SCHOOL HOURS.
On what grounds? When did the school lose the right to grant access to the campus?Quote:
If they charged you with trespassing the next time you enter, assuming you do, for a legitimate reason that is, I would challenge it.
in Georgia, school resource officers have full arrest authority.Quote:
School security, unless it was an actual police officer acting under color of law, do not know what they are talking about sometimes.
Schools have a completely different set of rules due to the care of children.Quote:
There was a case some years ago from the United States Supreme Court about NON residents of public housing "hanging around".
The SC ruled the state can restrict such activity to a certain degree, even though it is public property.
My wife is a school teacher in another county. I assure you that this is allowed and upheld by local court.Quote:
I understand fully what the others are saying about school security, etc., but as a definite legal answer, that is not known until you are charged and plead not guilty.
Strangers are NOT allowed to show up and meander about campus. Every stranger can and should be legally challenged as to their business and the reason for their visit.
I would think the school has made our friend and his attitude unwelcome. We also don't know what he said... if, for example, he threatened the resource officer or his "slave", then I would think that he was deemed a danger.Quote:
Unless you plan to make it a "test case" to challenge the Constitutionality OR seek a Declaratory Judgment in Court to possibly vacate the written warning, I would not legally advise entering the school perimiter.
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11-06-2010, 01:26 PMjkRe: Trespassing at a School
Maybe I missed it but I saw nothing that even suggested that all vehicles are subject to search. There is section that states student vehicles are subject to search under certain situations and if the student refuses, their parking privileges are subject to revocation. That is far from forced mandatory searches of all vehicles entering the campus.
and of course, the OP is not a student at the school so any such rule applicable to students is not applicable to visitors, especially without notice. -
11-06-2010, 01:31 PMBORRe: Trespassing at a SchoolCould not find it! The only reference I could find was about searching a students vehicle if Reasonable suspicion exists, (per TLO; my words).Quote:
Quoting cyjeff
Can you copy and paste it?
Even if it were so, I aksed for a case citation, not handbook cite. I understand about searches based on entry with prior notice, and per USSC guidelines.
I still want to see some case law.
Is this inclusive of a public university/college or are you just citing K-12 school grounds.Quote:
Yes, but when you drive your car on campus, you waive that right. If you don't want to permit your car to be searched, don't bring it on campus.
I have never seen where ALL cars entering University property are subject to search.
The 1st and 4th AM's.Quote:
Please give the basis for the right of a stranger to cruise onto school property and pick up a student.
BLOOD relation has never been a prerequisite to give a student a ride home and enter campus to do so.
Then give me a CASE citation.Quote:
BOR, usually you do more research than this and I am usually learning from you. Here, however, you are wrong.
Here by the way is that case I mentioned for some legal insight.
http://caselaw.lp.findlaw.com/script...0&invol=02-371
Yes they have a right to screen visitors, BUT are still constrained by the Constitution. I do agree though that a former troublemaker, if we call it that, is subject to more stringent methods of eviction.Quote:
Schools have the absolute right to govern visitors on campus. Especially when those visitors are former disciplinary problems that are currently parking illegally during school hours.
I understand that, but that "in and of itself constitutionally" is not a bar to enter.Quote:
He was IN A FIRE LANE DURING SCHOOL HOURS.
I am looking for a case to read, that's all. I still want a case about vehicle searches if you have one.Quote:
My wife is a school teacher in another county. I assure you that this is allowed and upheld by local court.
I understand this Constitutionaly, elementary and secondary schools are scrutinized more than a College Campus.Quote:
Strangers are NOT allowed to show up and meander about campus. Every stranger can and should be legally challenged as to their business and the reason for their visit.
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11-06-2010, 02:26 PMcyjeffRe: Trespassing at a School
Fine... let's walk away from the search then... there were several cases last year where cars were reviewed during football games, but I don't have the time today to find them.
How do the first and fourth amendment allow loitering on campus by non students? BOR, when I visit my WIFE, I have to go through the office and obtain a visitor's pass. Visiting students and/or disrupting the learning environment is NOT a protected activity. -
11-06-2010, 06:00 PMjkloRe: Trespassing at a SchoolHahahaQuote:
Quoting cyjeff
And then you reference one badly related source?
How many schools are there in Georgia?
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There is obviously some difference between the car parking lot and the building. When you visit your WIFE are you going inside the building? -
11-07-2010, 04:37 AMcyjeffRe: Trespassing at a SchoolHow, exactly, is a student handbook from one of the public high schools in the same county as the school in question a badly related source. It was as close as I could get without knowing the exact school.Quote:
Quoting jklo
Tell your friend that if he is going to get his friends to sign in to build up his case that he should pick the smart ones.
Several... but in Fulton County (where the OP's question comes from) there are 16 high schools, 19 middle and 59 elementary. I don't know why that is significant to the conversation, however. The handbook I quoted was from Alpharetta High School... the first on the list alphabetically.Quote:
How many schools are there in Georgia?
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Why is there a difference between the parking lot and the building. The same rules apply to both. The same staff has effective control over both.Quote:
There is obviously some difference between the car parking lot and the building. When you visit your WIFE are you going inside the building?
Your point makes no sense unless you are saying that a roof changes whom has authority over a piece of land.