In cases like New Jersey v. TLO the
Supreme Court has held that searches without probable cause may be legal when done by
school officials. These searches can be legal because there is a "special need" for
school officials to do things that would allow them to maintain order in a school
setting. Under this doctrine, the officer's search is probably
justified.
In this situation, the handgun is potentially
available to the student if it is, indeed, in the trunk of his car. The student could
go out into the parking lot and get the gun. This would undoubtedly cause a breakdown
in order (to say the least) in the school. Because this would be a very serious danger,
the officer (as a school official) is justified in searching the student's
car.
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