Legal Question in Civil Rights Law in Montana

School district rights

My son received a suspension from school because he admitted to being in possession of alcohol. The alcohol was found because he was administered a breath test at a post prom party at the school. The test revealed no alcohol in his system. However the friend he was with did test positive for alcohol. A search of the friends vehicle by school administrators turned up 6 beers, my son admiited to 2 of them being his and his friend admitted to possessing the other 4. My question is, does the school have the right to search this vehicle?


Asked on 4/25/07, 5:16 pm

1 Answer from Attorneys

Regina Mullen Legal Data Services, PLC

Re: School district rights

Since your son admitted to possession of beers in someone else's vehicle, the search is probably irrelevant as to his confession.

However, you might be able to negotiate this point, so check with local counsel.

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Answered on 4/25/07, 6:31 pm


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