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Name: In re M.M.
Case #: S177704
Court: CA Supreme Court
District CalSup
Opinion Date: 06/28/2012

A "school security officer" is a "public officer" for purposes of Penal Code section 148, subdivision (a)(1), willfully resisting, delaying or obstructing a public officer in the discharge of his duties. When school security officers arrived to investigate fresh graffiti on campus, the minor was in a group who fled. He refused to stop at the direction of a uniformed officer. The minor ultimately submitted to orders to stop and was arrested. At a jurisdictional hearing of allegations of vandalism and resisting arrest, the officer testified that his duties included responding to reports of crimes such as vandalism, protecting people…

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Name: In re K.S.
Case #: A124698
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 03/25/2010

A reasonableness standard, rather than the probable cause standard, applies to a search by a school official even if the school search is done based on information from police and in their presence. A confidential informant who was considered reliable gave an officer a tip about K.S., a high school student. The tip was passed on to another officer who was the resource officer at the high school who then relayed the information to the vice principal. The vice principal had two officers accompany her for her comfort and safety while she conducted a search of his P.E. locker and…

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Name: In re M.M.
Case #: E045714
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/24/2009
Subsequent History: rev. granted 1/20/10 (S177704)

Minor who ran from campus security officer did not resist a public officer for purposes of Penal Code section 148. The minor ran from a campus security officer who was investigating a vandalism on the school campus. He challenged his subsequent conviction under Penal Code section 148, contending that the he did not resist a public officer because a campus security officer is not a public officer. The appellate court agreed and reversed. Based on the definition of a public officer, a campus security officer is not a public officer as a matter of…

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