People v. Latasha W.

Opinion

NEAL, J.

Summary

Random metal detector weapon searches of high school students do not violate the Fourth Amendment constitutional ban on unreasonable searches and seizures.

[1526]

Facts and Proceedings Below

Appellant is a high school student. Before appellant enrolled, her high school had instituted a written policy for daily weapons searches, in order to protect students and staff. The searches were to be made at random, and persons to be searched selected on neutral criteria. Parents and students were given notice before institution of this practice, and again at frequent intervals.

Searches were conducted using a hand-held metal detector, waved next to the student’s person. Students were asked to open jackets or pockets to reveal items which triggered the detector.

The day appellant was searched the assistant principal determined that those students who entered the attendance office without hall passes, and those who were late, within a half-hour after 8:09 a.m., would be searched. Appellant was one of eight to ten students who met these criteria and were searched. After the metal detector beeped, she was asked to open her pocket, revealing a knife.

Appellant was charged in a juvenile court petition with the crime of bringing on school grounds a knife with a blade longer than 2.5 inches. The trial court denied appellant’s motion to suppress the knife as unlawfully seized, sustained the petition, and ordered appellant home on probation.

This appeal followed. Appellant challenges only the ruling denying her motion to suppress.

Discussion

We find no California case addressing the propriety of a search such as occurred here, but courts in other states have upheld against Fourth Amendment challenge similar searches of students without individualized suspicion. (S

tate

v.