skip to Main Content
Name: In re Jose Y.
Case #: B183836
Court: CA Court of Appeal
District 2 DCA
Division: 4
Opinion Date: 07/21/2006
Summary

The minor was one of three individuals sitting on the front lawn of a school during school hours. A campus police officer approached the three individuals and asked for identification. The minor gave the officer a registration slip from another school with his name on it. The minors were escorted to the office to determine their identities and school registration. The officer conducted a patdown search for his safety, and discovered a knife in the minor’s pocket. The minor challenged the legality of the patdown search on appeal. The appellate court affirmed the denial of the suppression motion. For campus searches, it is not required that there be probable cause to believe the student has violated the law, but only a reasonable suspicion that the student has violated a law or school rule. Further, students who enter a campus can be subject to random searches to recover weapons. Here, the officer had reason to believe that the minor and his companions did not belong at the school. The officer was alone. The governmental interest in preventing violence in schools outweighed the minimal invasion of the minor’s privacy by means of a nonintrusive patdown search.