Cops, Dean ruled out of bounds in MHS pot bust
Two separate courts have now ruled that Moline police and a Dean at Moline High School did not have the right to pull a student out of class and search him after receiving an anonymous tip through the CrimeStoppers hotline that the student had marijuana in his possession.
A judge dismissed the charges initially in Rock Island county, and the Rock Island County DA's office appealed the ruling. The 3rd District Appellate Court in Ottawa upheld the Rock Island judge's ruling this month saying that the anonymous tip wasn't specific enough to warrant the actions taken by the Dean and police.
More on the story from the Dispatch/Argus.
posted by The Inside Dope @ 3/05/2005
4 comments
4 Comments:
The Dope was surprised by the fact that not only did the original jurisdiction rule this way, but the appellate court as well.
I'm surprised at it, though I find myself agreeing with the end result.
As I see it, the case seemed to hinge on the reliability of the information the cops received via the anonymous tip. The courts aapparently were ruling on what standard of evidence was needed before justifying such a search. I think they ruled correctly in that this sort of thing could really spiral out of control, with vindictive kids simply calling in to the tip line and saying the kid they don't like has drugs on him or her.
These rulings would serve to send a message to cops and school administrators that they better make sure the tips they receive are very credible before they invade a student's privacy with a search.
But that raises the question, how can you EVER be sure an anonymous tip is credible?
But in that scenario, wouldn't the tip be considered probable cause to pull over the driver and do a sobriety check? I would think so.
and since when do children have RIGHTS? and right on finch!
I do believe that children must have certain rights, after all, they're NOT property. Now how far those rights go is open for debate.
But I'd be interested in dissenter's opinion on the probable cause scenario.
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