Wednesday, May 6, 2020

Police Conduct A Search And Seizure At A Public School...

ISSUES 1. Can police conduct a search and seizure at a public school initiated by school officials? 2. Do police have authority to use a search warrant as grounds to enter and search for activity on tribal property? 3. Will evidence found outside the parameters of a warrant be admissible? 4. Are illegal substances permitted for religious Indian ceremonies? 5. Is there recovery for damages against police and prosecuting attorney for the irreplaceable destruction of religious artifacts during an illegal search on tribal property? BRIEF ANSWERS 1. Yes. The search must be reasonable according to New Jersey v TLO. 2. Yes. Since the act happened off-reservation, the state may conduct an investigation on tribal property. 3. Yes. Congress gave Indians this privilege after the Supreme Court case Employment Division v Smith. 4. Yes. Damages can be filed for in a civil suit. FACTS Songaa Weathers is a member of the Chippewa Indian tribe, residing on tribal reservation land in Mt. Pleasant, Michigan. Songaa is a student at Mt. Pleasant High. On September 11th, 2015, her classroom was searched by a drug-sniffing dog and its handler. Everyone, including the teacher, was demanded to leave the room without taking any belongings, despite having asked to remain in the room. The search was conducted behind a closed door and pulled blinds. After the search, Songaa was pointed out in front of her peers as the owner of the seized bag. Songaa claimed the bag was not hers, and proceeded toShow MoreRelatedLabeling, Law, and Americas Drug Policy Essay3279 Words   |  14 Pagesstopped and searched by police during the investigation of a crime in the college town of Oneonta, NY. An elderly white woman was assaulted at knifepoint near the State University of New York College at Oneonta (SUCO) campus. The women described her assailant as an African American male who ma y have accidentally cut his hand during the attack. 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