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The law doesn't seem to prohibit firing or expelling somebody for refusing to consent to a search.

Tic Tac wrote:The law doesn't seem to prohibit firing or expelling somebody for refusing to consent to a search.

It may, but if you would like to generate a good test case, get a good lawyer and pay him well, we can perhaps find out. You must recognize that here I am following your lead, and we are both speaking of the "law," not the "statute."

Jim

surferdaddy wrote:I'm not concerned about being arrested so much, mostly just about being expelled. It's been a long road to get to this school and all the while I was attending Jr college, I just kinda risked it. Never had any issues but was always a bit paranoid about a wreck or having my car broken into. Heck, even coming out to my car to see a campus k9 standing there.

I'd just really hate to face expulsion this late in the game. Nothing will stop me from at least having my pistol in my car. I go to school early in Arlinton (which can be a bit rough) and go straight to work night shifts in Irving (which can be rougher ), definitely need my pistol.

I guess I have just heard a lot about schools ignoring the new law and taking disciplinary action anyhow.

The end result of THAT will be that the school will end up naming a wing or dorm after you, after you and your attorney finish with them. In fact, you may get the rest of your degree, and a masters paid for compliments of the school.

Half of the battle is having confidence in your knowledge of the rules and a rational 'fearlessness' of mistreatment. Schools are stopping choirs from singing Christmas carols at school for fear of lawsuits, for crying out loud! Imagine the dean's shock when he receives a cease and desist letter from your lawyer when he explains which side of the Texas bread the butter is on!

Yes sir, the trustees will be standing in line waiting to shake your hand and offer their appologies for the false arrest, terrible inconvenience, and embarassment they caused you, all the while hoping you dont sue then into the Division V NCAA (for your info there is no Division V...but there will be when you are done with them).

Carry with pride...with a copy of the constitution in one hand, 411.2032 in the other, and 'Don't mess with Texas' t-shirt on.

Can you say Phd?

tex

JSThane wrote:
When it comes to things that are NOT a crime to possess, merely "seeing," whether with eyes or nose, is NOT sufficient cause to search without a warrant. Consent MUST be obtained. A judge might issue a warrant, but if it comes out that the dog is also trained to alert to non-contraband materials, such as gunpowder residue, the whole thing can get thrown out and the owner of the vehicle can sue pretty much anyone involved.

That's interesting. Where I went to HS and even middle school they had dogs in the parking lots several times a year.
Are dogs trained to hit on both illegal drugs as well as weapons or just drugs? If both, how would you know if you have sufficient cause or not?

cb1000rider wrote:

JSThane wrote:... the owner of the vehicle can sue pretty much anyone involved.

Sue anyone involved for what? Money damages? What would this lawsuit cost you, even if it had merit?

There may be better places to get legal advice. It is often worth just about what you pay for it.

Jim

cb1000rider wrote:

JSThane wrote:
When it comes to things that are NOT a crime to possess, merely "seeing," whether with eyes or nose, is NOT sufficient cause to search without a warrant. Consent MUST be obtained. A judge might issue a warrant, but if it comes out that the dog is also trained to alert to non-contraband materials, such as gunpowder residue, the whole thing can get thrown out and the owner of the vehicle can sue pretty much anyone involved.

That's interesting. Where I went to HS and even middle school they had dogs in the parking lots several times a year.
Are dogs trained to hit on both illegal drugs as well as weapons or just drugs? If both, how would you know if you have sufficient cause or not?

Some are dope dogs, some are bomb dogs, some are x trained to do one of the first mentioned and a patrol dog that goes out and finds bad guys. I have yet to see an agency run a dual purpose bomb and dope dog.

texanjoker wrote: Some are dope dogs, some are bomb dogs, some are x trained to do one of the first mentioned and a patrol dog that goes out and finds bad guys. I have yet to see an agency run a dual purpose bomb and dope dog.

Gotcha.
Does a bomb dog alert on powder residue? Such as a bag of brass or other a firearm itself?

It maybe a moot point. Students shouldn't have firearms (even in their cars) on most HS campuses. Same thing with teachers. That leaves cars of people who have CHLs and are visiting.