Firearm in vehicle? Drug dog false alerting?

Question

I was called to the office today at my highschool and was told I was needed at my vehicle. There were cops surrounding my truck with drug dogs. I was told they were alerting my truck. I told the schools resource officer I did have my hunting rifle in the case in the back, but no drugs. Upon searching he found nothing. He told me I could be expelled for having the rifle, but I was allowed to take it home and return to school.
I have never used illegal drugs. I only had my rifle because I ussually hunt in the afternoons following school. I was wondering what are my rights as far as having the firearm? Can they do anything since they only had probable cause to search for drugs? What could cause the dogs to bark when there are no drugs in my vechicle? This is in Alabama.

Answer 1

In short, the search was legal and the school can take any disciplinary action it wants to regarding the rifle (though it sounds like it didn't).



In school, your constitutional rights are less than outside. School administrators only need "reasonable suspicion" to execute a search whereas police officers need "probable cause". Courts have upheld the right for schools and police (with the consent of the school) to perform suspicion-less searches of cars and lockers.



If a police officer has probable cause to search you for reason A, but finds reason B, they can still prosecute you for reason B. Let's say the police smell marijuana in a car, which gives them probable cause to search it. If in the course of their investigation, they find a dead body in the trunk, they sure as hell don't have to ignore that :p

Answer 2

You don't have any rights regarding the firearm. You were on school property. The school can prohibit firearms anywhere on their property, in your car or on your person. The search was perfectly legal. The alert from a drug dog only creates "probable cause" you didn't have to find anything at all. The cause is not dependent on the result, it can only be based ion facts present BEFORE the search takes place. Once you are searching any person place or thing legally, ANYTHING that is contraband you find during that search can be seized. (look up "plain view doctrine" on Google) And, once again, bringing your vehicle onto school property also gives law enforcement and school officials greater latitude in searching.



Knowing the attitude of most school districts on firearms in this day and age, I would say you got a colossal break and should just be happy instead of b!+ching. Unless you want to get your diploma at juvenile hall.

Answer 3

Your rights are listed at this link: http://www.law.cornell.edu/constitution/billofrights



However, your school can institute much stricter rules and you are required to obey them. Every state that I'm aware of bans firearms on school grounds. It's actually a felony, in my state. After a felony conviction it is nearly impossible to ever get to use a firearm again. In my state you could have been; arrested, charged criminally and expelled from school.



Alabama also has a state law banning firearms on school premises: 13A-11-72



To search a vehicle the police need; a search warrant signed by a judge, permission of the owner or driver, or probable cause. If a narcotics dog alerts on a vehicle that is automatically considered probable cause to search the vehicle for narcotics. Probable cause just means the officer is 51% sure that there is contraband in the car. He can base this on observation, smell, past training and experience or of course the dog alert.



Drug dogs are extremely sensitive to the smell of drugs. In some cases a smuggler will seal the drugs in multiple air tight bags and then submerse them in gasoline. The dog can still find it. In some cases the dogs may also be trained to smell explosives and/or gun powder. These multi purpose dogs can be used to find a firearm that was thrown in the woods after a crime. They can even find a spent shell casing in the woods in a crime scene. It is possible that the dog that was used was also trained to find something other than just drugs.

Answer 4

Search was legal and you can be expelled. Schools are gun free zones, your lucky you didn't get arrested. As for the drug dog it is awfully rare for a false hit. Rather, I would say it is more probable that you either had drugs in your vehicle recently or someone you gave a ride to had them.



Are you sure it was a drug dog and not an explosives dog? Explosives dogs will hit on the gunpowder in bullets.

Answer 5

This is the problem with police dogs, they are cross trained and OFTEN false alert.



-it's not illegal to have a firearm in your vehicle.



(iii) that is— (I) not loaded; and (II) in a locked container, or a locked firearms rack that is on a motor vehicle;

http://en.wikipedia.org/wiki/Gun-Free_School_Zones_Act_of_1990



-you can do nothing because they did nothing, only threatened you. You also allowed them to search your car. Or did they issue a search warrant and break the window?



Next time, keep your mouth shut and don't help them. You know what? I'm going to accuse you to! You molested your little sister. Now prove me wrong.



See?