Posts tagged: searches
The Idaho Court of Appeals has upheld a 2009 warrantless search of an 18-year-old high school student's car in a school parking area, which turned up a marijuana pipe and brass knuckles and led to misdemeanor drug and weapon charges, because the student, Joseph Voss, was at school smelling of cigarette smoke and tobacco products are banned on school grounds. The court rejected an appeal arguing that because Voss was legally of age to buy tobacco products, the search was flawed.
“There is no question that the assistant principal had reasonable suspicion that Voss was violating the school policy,” wrote appeals court Judge Sergio Gutierrez for a unanimous court. “Voss was on school grounds, smelled of cigarettes, and had driven his car to school that morning. As Voss did not have cigarettes on his person, an obvious and customary place to also look was Voss’s vehicle.” You can read the decision here; click below for a full report from AP reporter Rebecca Boone.
Betsy Z. Russell covers Idaho news from The Spokesman-Review's bureau in Boise.
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