Pubdate: Thu, 14 May 2009 Source: Milwaukee Journal Sentinel (WI) Copyright: 2009 Journal Sentinel Inc. Contact: http://www.jsonline.com/news/editorials/submit.asp Website: http://www.jsonline.com/ Details: http://www.mapinc.org/media/265 Author: Mike Johnson, of the Journal Sentinel Bookmark: http://www.mapinc.org/find?225 (Students - United States) STUDENT CAR SEARCH UPHELD Court Sanctions Police Actions on School Campus The state Appeals Court on Wednesday upheld the 2008 drug conviction of a Homestead High School student who argued his drug case should be dismissed because police officers failed to read him his rights and illegally searched his vehicle in the Mequon school parking lot. The Appeals Court panel in Waukesha ruled that Colin G. Schloegel, now 19, was not in custody when Mequon police officers and school officials questioned him on March 28, 2007, about whether he had any illegal drugs. Therefore, there was no violation of Schloegel's rights to be warned that any statements he made could be used against him, the court determined. The ruling was recommended for publication, making it a precedent for future cases. Schloegel, in his appeal, argued that the search of his car violated his constitutional right to be free from unreasonable search and seizure. But the appeals court noted that Schloegel had received a student handbook at the beginning of the school year that included a parking form containing a consent-to-search clause. According to court records: In March 2007, Homestead officials were alerted by an anonymous informant that Schloegel, then 17 and a student, was in possession of drugs on school grounds. Schloegel consented to searches of his person and book bag. No contraband was found. A search of Schloegel's locker also turned up no illegal drugs. An assistant principal then told Schloegel his vehicle would be searched. The administrator found a container of marijuana, a pipe, OxyContin and cash. Police were present during the searches and placed Schloegel under arrest. The court said: "A school official has the responsibility to keep students safe on school grounds, and as we have indicated, this includes school parking lots. When searches of Schloegel's person, backpack and locker were cleared, it was a reasonable next step for school officials to take the search to Schloegel's car." Schloegel pleaded no contest in Ozaukee County Circuit Court to possession of narcotics with intent to deliver and marijuana possession. He was placed on probation for three years. - --- MAP posted-by: Richard Lake