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  1. #1
    Join Date
    Aug 2019
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    2

    Default 16 Year Old 4th Violated and Damage Done

    My question involves criminal law for the state of: Georgia

    My son is 16 years old, worked all summer & spent his money to paint & restore a truck to drive to school. Last Tuesday he was in class & two deputies came & escorted him outside. When they walked out of school he could see the drug dog & two other deputies going thru his truck.
    The police said the dog "Alerted" to his truck. It wasn't locked so they opened it up & proceeded their search & constantly asking him where the drugs were & that they Knew he is dealing on school property.. They broke door panels, Air vents & numerus scratches & 2 chips as big as a quarter on a $3500 paint job that is not 3 weeks old that he worked HARD for.
    No one seen the dog "ALERT" & no one observed the search..... & No DRUGS were found..
    The School Board refuses to pay any damages telling us that We Can Not prove deputies done it.
    Board said Cameras in parking area were not working that day & deputies just happened to not be wearing their body Cams.

    To Drive on School property my Son signed a paper acknowledging "Automobiles may be subject to a search if probable cause".

    I Drug tested him that Day & he was "CLEAN", he is an Honor Student 98-100 grades & never misses Days

    Do we have the right to observe dog "Alerting" to truck"?
    Can a search be done without notifying the driver or Owner?
    Can a Search be done without driver or owner present?

  2. #2
    Join Date
    Mar 2013
    Posts
    17,062

    Default Re: 16 Year Old 4th Violated and Damage Done

    Quote Quoting Sam Cobra
    View Post


    Do we have the right to observe dog "Alerting" to truck"?
    No.

    Quote Quoting Sam Cobra
    View Post



    Can a search be done without notifying the driver or Owner?
    Yes.

    Quote Quoting Sam Cobra
    View Post




    Can a Search be done without driver or owner present?
    Yes.


    Sorry, but since the dog sniffed an alert it was probable cause even if it was in error.

    I have no idea if you can seek damages from the sheriff or police. Talk to an attorney.

  3. #3
    Join Date
    Aug 2019
    Posts
    2

    Default Re: 16 Year Old 4th Violated and Damage Done

    Thanks, a few friends said this country was going to Socialism but nope its worse.
    It used to be The Union protected the teachers & the local school board protected the kids & parents Rights.

    I can Clearly See I Have Outlived my Country "The Home of The Free" that so many Brave men Died For.
    I have never waived my Rights to obtain anything, I own a "Georgia" passport but gave Their Drivers License back when they refused to Print my Name in proper Christian manner.
    Out of 10 stops in last 15 years I have been ticketed once & judge thru it out after I mailed him a letter.
    I recon I might as well go out back and dig me Hole as I Refuse to Live & Breath in the Totalitarian Communist Country our elected are ushering in.

  4. #4
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,396

    Default Re: 16 Year Old 4th Violated and Damage Done

    Quote Quoting Sam Cobra
    View Post
    Thanks, a few friends said this country was going to Socialism but nope its worse.
    It used to be The Union protected the teachers & the local school board protected the kids & parents Rights.

    I can Clearly See I Have Outlived my Country "The Home of The Free" that so many Brave men Died For.
    I have never waived my Rights to obtain anything, I own a "Georgia" passport but gave Their Drivers License back when they refused to Print my Name in proper Christian manner.
    Out of 10 stops in last 15 years I have been ticketed once & judge thru it out after I mailed him a letter.
    I recon I might as well go out back and dig me Hole as I Refuse to Live & Breath in the Totalitarian Communist Country our elected are ushering in.
    If you think the current administration is Communist or Socialist then you've got another thing coming.
    "Where do those stairs go?"
    "They go up!"

  5. #5
    Join Date
    Mar 2013
    Posts
    17,062

    Default Re: 16 Year Old 4th Violated and Damage Done

    Quote Quoting Sam Cobra
    View Post


    I can Clearly See I Have Outlived my Country

    Leave.

  6. #6
    Join Date
    Feb 2008
    Posts
    1,130

    Default Re: 16 Year Old 4th Violated and Damage Done

    who did he buy the truck from? Or where did he get it? Did your son change out or restore the upholstery? I have to wonder if there wasn't a lingering smell that the dog "hit" on.

  7. #7
    Join Date
    Oct 2016
    Posts
    3,149

    Default Re: 16 Year Old 4th Violated and Damage Done

    Quote Quoting Sam Cobra
    View Post
    My question involves criminal law for the state of: Georgia


    The School Board refuses to pay any damages telling us that We Can Not prove deputies done it.
    Board said Cameras in parking area were not working that day & deputies just happened to not be wearing their body Cams.
    Since the school board isn't denying that they would be liable for the damage if you could prove the deputies did it you should probably try to do that in a civil lawsuit where all it takes is a preponderance of the evidence.

  8. #8
    Join Date
    Nov 2015
    Location
    47.606 N 122.332 W in body, still at 90 S in my mind.
    Posts
    1,396

    Default Re: 16 Year Old 4th Violated and Damage Done

    Quote Quoting PayrolGuy
    View Post
    Since the school board isn't denying that they would be liable for the damage if you could prove the deputies did it you should probably try to do that in a civil lawsuit where all it takes is a preponderance of the evidence.
    The CBP can tear apart your car at a border crossing and hand you the parts if that's what they need to do. I've seen that first hand. You'd be hard pressed to say that anyone owes anything if the search was executed lawfully and I struggle to see how the school boards would be liable for a police search.
    "Where do those stairs go?"
    "They go up!"

  9. #9
    Join Date
    Jul 2018
    Posts
    1,544

    Default Re: 16 Year Old 4th Violated and Damage Done

    Quote Quoting Sam Cobra
    View Post
    Do we have the right to observe dog "Alerting" to truck"?
    No. Especially on school grounds, this would virtually never happen in the presence of the students, much less the students' parents. Are you suggesting that, before the police walk their drug dog through a school parking lot, all students who have parked in the lot and those students' parents should be notified and given an opportunity to be present? That would be a huge cluster****.


    Quote Quoting Sam Cobra
    View Post
    Can a search be done without notifying the driver or Owner?
    Can a Search be done without driver or owner present?
    Can it be done? Of course. Can it be done legally? Yes. In your son's case, it sounds like no search was done until he was removed from class and brought to the parking lot, so these seem like moot questions.


    P.S. Your rant about socialism and communism indicates that your education is sorely lacking, so I suggest you consider trying to educate yourself about things you clearly don't understand.

  10. #10
    Join Date
    Jan 2016
    Posts
    400

    Default Re: 16 Year Old 4th Violated and Damage Done

    Quote Quoting Sam Cobra
    View Post
    .....

    I Drug tested him that Day & he was "CLEAN", he is an Honor Student 98-100 grades & never misses Days
    Really? You just happened to drug test your honor student on the day that a police canine alerted on his truck? Do you regularly drug test your son? If so, why? If not, why did you do it that day?

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