News (Media Awareness Project) - US WI: Student Car Search Upheld |
| Title: | US WI: Student Car Search Upheld |
| Published On: | 2009-05-14 |
| Source: | Milwaukee Journal Sentinel (WI) |
| Fetched On: | 2009-05-15 15:12:00 |
STUDENT CAR SEARCH UPHELD
Court Sanctions Police Actions on School Campus
The state Appeals Court on Wednesday upheld the 2008 drug conviction
of a Homestead High School student who argued his drug case should be
dismissed because police officers failed to read him his rights and
illegally searched his vehicle in the Mequon school parking lot.
The Appeals Court panel in Waukesha ruled that Colin G. Schloegel, now
19, was not in custody when Mequon police officers and school
officials questioned him on March 28, 2007, about whether he had any
illegal drugs. Therefore, there was no violation of Schloegel's rights
to be warned that any statements he made could be used against him,
the court determined.
The ruling was recommended for publication, making it a precedent for
future cases.
Schloegel, in his appeal, argued that the search of his car violated
his constitutional right to be free from unreasonable search and seizure.
But the appeals court noted that Schloegel had received a student
handbook at the beginning of the school year that included a parking
form containing a consent-to-search clause.
According to court records:
In March 2007, Homestead officials were alerted by an anonymous
informant that Schloegel, then 17 and a student, was in possession of
drugs on school grounds.
Schloegel consented to searches of his person and book bag. No
contraband was found.
A search of Schloegel's locker also turned up no illegal
drugs.
An assistant principal then told Schloegel his vehicle would be
searched. The administrator found a container of marijuana, a pipe,
OxyContin and cash.
Police were present during the searches and placed Schloegel under
arrest.
The court said: "A school official has the responsibility to keep
students safe on school grounds, and as we have indicated, this
includes school parking lots. When searches of Schloegel's person,
backpack and locker were cleared, it was a reasonable next step for
school officials to take the search to Schloegel's car."
Schloegel pleaded no contest in Ozaukee County Circuit Court to
possession of narcotics with intent to deliver and marijuana possession.
He was placed on probation for three years.
Court Sanctions Police Actions on School Campus
The state Appeals Court on Wednesday upheld the 2008 drug conviction
of a Homestead High School student who argued his drug case should be
dismissed because police officers failed to read him his rights and
illegally searched his vehicle in the Mequon school parking lot.
The Appeals Court panel in Waukesha ruled that Colin G. Schloegel, now
19, was not in custody when Mequon police officers and school
officials questioned him on March 28, 2007, about whether he had any
illegal drugs. Therefore, there was no violation of Schloegel's rights
to be warned that any statements he made could be used against him,
the court determined.
The ruling was recommended for publication, making it a precedent for
future cases.
Schloegel, in his appeal, argued that the search of his car violated
his constitutional right to be free from unreasonable search and seizure.
But the appeals court noted that Schloegel had received a student
handbook at the beginning of the school year that included a parking
form containing a consent-to-search clause.
According to court records:
In March 2007, Homestead officials were alerted by an anonymous
informant that Schloegel, then 17 and a student, was in possession of
drugs on school grounds.
Schloegel consented to searches of his person and book bag. No
contraband was found.
A search of Schloegel's locker also turned up no illegal
drugs.
An assistant principal then told Schloegel his vehicle would be
searched. The administrator found a container of marijuana, a pipe,
OxyContin and cash.
Police were present during the searches and placed Schloegel under
arrest.
The court said: "A school official has the responsibility to keep
students safe on school grounds, and as we have indicated, this
includes school parking lots. When searches of Schloegel's person,
backpack and locker were cleared, it was a reasonable next step for
school officials to take the search to Schloegel's car."
Schloegel pleaded no contest in Ozaukee County Circuit Court to
possession of narcotics with intent to deliver and marijuana possession.
He was placed on probation for three years.
Member Comments |
No member comments available...
