In re Gabriel v. CA3

California Court of Appeal Dec 18, 2014 No. C075556Unpublished

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Holding. The court held that a school resource officer had reasonable suspicion to search a student's backpack based on information from school staff that the student was using a book to cause a disruption on campus.

Issues

Whether a school resource officer had reasonable suspicion to search a student's backpack based on hearsay from school staff.
Whether the possession and sharing of a book can constitute a school rule violation justifying a search if it causes a disruption.

Disposition. affirmed

Quotations verified verbatim against the opinion

“we conclude the trial court did not err in finding that the deputy had an objectively reasonable suspicion to search the minor’s backpack”

“the legality of a search of a student depends on the reasonableness of the search in light of all the circumstances.”

“out-of-court statements may be used to show that officers have probable cause to conduct a search where the legality of the search is at issue.”

Filed 12/18/14 In re Gabriel V. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

In re GABRIEL V., a Person Coming Under C075556 the Juvenile Court Law.

THE PEOPLE, (Super. Ct. No. JV135488)

Plaintiff and Respondent,

GABRIEL V.,

Defendant and Appellant.

A wardship petition pursuant to Welfare and Institutions Code section 602 charged the minor Gabriel V. with felony bringing a knife onto school grounds (Pen. Code, § 626.10, subd. (a)(1)),1 misdemeanor disturbing the peace (§ 415.5, subd. (a)), and petty theft (§ 484, subd. (a)). The juvenile court denied the minor’s motion to suppress

1 Undesignated statutory references are to the Penal Code.

evidence. The minor then admitted bringing a knife onto school grounds, and in consideration for his plea, the juvenile court reduced the felony to a misdemeanor and dismissed the remaining charges. The juvenile court adjudged the minor a ward of the court, ordered him to complete 35 hours of community service, and placed him on probation.

The minor appeals the denial of his motion to suppress evidence. He contends the search of his backpack, which yielded the discovery of the knife, was not justified because the officer who conducted the search did not have reasonable suspicion of wrongdoing. In light of the totality of the circumstances surrounding the search, we conclude the juvenile court did not err in denying the suppression motion; therefore, we shall affirm the dispositional order.

FACTUAL BACKGROUND

A deputy sheriff was working off-duty as a school resource officer. That morning, a school staff member asked the deputy to search the minor’s backpack for a book that was considered contraband and inappropriate for school. The staff member also told the deputy that the minor had been showing the book, which was about growing and cultivating marijuana, to other students. The staff member had seen the book, and other students had informed him that the minor had the book.

In re Gabriel v. CA3

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GABRIEL V.,

FACTUAL BACKGROUND

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DISCUSSION

DISPOSITION

BUTZ , J.

HULL , J.

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