Legal Question in Criminal Law in Massachusetts
Law's of searching properies.
I would like to know if a school has the right to allow the police to serch a childs locker in school. 1 without the parents knowledge? 2 without a search warent?
1 Answer from Attorneys
Re: Law's of searching properies.
The short answer is that they probably do. The school is not your child's property, but rather property owned and managed by the state (assuming a public school). An analogy might be "can the police search a child's room at home with the permission of the parent?" Most people have no problem with that question, but the answer here could be "No" if the child was 21 and paying rent.
The bigger unanswered question is: "What were the police looking for, and what did they find?"
If they were looking for hub caps, and they found marijuana in a small envelope, you might have a chance to suppress the marijuana -- but you need a lawyer to achieve that result. If they had reports your child was selling drugs, the police responded with dogs, who went straight to your child's locker, and the drugs were found -- then this is going to be a tough case to suppress...
At this point, the police have your child's stuff. If it is not contraband, you may want to get it back. If it is illegal, and your child is being charged with a crime, you may want to suppress the evidence, preventing its use against your child. To achieve these, you need a lawyer.
Thomas Workman
Law Offices of Thomas Workman
41 Harrison Street, Taunton, MA