ILNews

Court weighs individual rights, school violence

Michael W. Hoskins
January 1, 2007
Keywords
Back to TopCommentsE-mailPrintBookmark and Share
An Indiana Court of Appeals decision today grabs you with the first lines, setting the groundwork for an intriguing read whether you're an attorney or not.

"In this case of first impression, we balance the private rights of students and citizens against our schools' need to identify individuals on school property in this post-Columbine world," Judge Cale Bradford wrote. "More specifically, we are asked to determine whether a school police officer may conduct a pat-down search of a student on school grounds for the sole purpose of finding the student's identification card if he fails to produce it when asked to do so."

The 14-page unanimous ruling comes in D.L. v. State of Indiana, No. 49-A04-0703-JV-192, and affirms a juvenile court judgment involving an Indianapolis Public Schools incident in September 2006.

A school police officer encountered D.L. and two other students in a second-floor hallway at Arsenal Tech High School during a non-passing period, and they told her that they didn't have passes or ID cards. The officer performed a pat-down search on D.L., who'd put something down his pants, and then handcuffed him and took him to the police office where another officer conducted a search and found a clear plastic bag with 1.03 grams of marijuana.

The state filed a petition alleging D.L. to be a delinquent child based on the possession of marijuana, a Class A misdemeanor if committed by an adult. The juvenile court later denied D.L.'s motion to suppress the evidence obtained in what he described as a warrantless search, and he was ultimately committed to the Department of Corrections for 18 months. D.L. appealed.

"Balancing the student's rights against the interests of school safety, we conclude the pat-down search... does not violate the student's rights against unreasonable searches and seizures under the Fourth Amendment to the Constitution," the appellate court wrote.

In making its decision, the court relied on caselaw that involves searches conducted by public school officials, both federally and in Indiana. The court noted that in considering several cases, judges have generally found school searches to be reasonable under the circumstances and endorsed justifications offered by the investigating school officials conducting the searches.

"We believe that in this post-9/11, post-Columbine age of increasing school violence, a public school police officer's determination that she must identify the individuals with whom she is in contact similarly warrants our endorsement," the court wrote, citing a case it had decided a year ago that recognized the essential police function of being able to ask people for identification.

"We are unpersuaded that D.L.'s admission to being in violation of school rules somehow obviates the officer's need to confirm this violation, or her accompanying need to identify him via any identification card potentially on his person," the court wrote.

Chief Judge John Baker concurred, but wrote a separate opinion delving further into the court's already "thoughtful analysis" of past caselaw.

He commented on the Indiana Supreme Court case two years ago of Myers v. State, 839 N.E.2d 1154, 1160 (Ind. 2005), which in turn had cited a previous ruling from the Supreme Court of the United States in New Jersey v. T.L.O., 469 U.S. 325 (1985) that is considered the leading case on this issue.

Chief Judge Baker wrote the school officer's actions were reasonable and crucial in determining whether the three were students and what the potential for danger might be, not only in determining whether his assertion about not having identification was true.
ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Annaniah Julius annaniahjmd@ymail.com Ashlynn Ong ashlynnz@hotmail.com Baani Khanna baani2692@gmail.com boatcleaners info@boatcleaners.nl DEBBIE BISSAINTHE bissainthe56@yahoo.com Diane Galvan dianegalvan@ymail.com Dina Khalid dina.shallan@gmail.com - dinashallan@gmail.com Donna Isaiah donnaisaiah@hotmail.ca donnikki donnikki@att.net Emily Hickman emilyhickman78@yahoo.com Emma emmanoriega18@yahoo.com estherwmbau2030 estherwmbau2030@gmail.com Freddeline Samuels freddeline.samuels@gmail.com Ilona Yahalnitskaya ilona10@optonline.net Jasmine Peters jasminepeters79@ymail.com Jessica Adkinson jessica.adkinson@gmail.com - jessicaadkinson@gmail.com Jimmy Kayastha doc_jim2002@yahoo.com Jonnel Tambio syjam1415@gmail.com Katarzyna katet2806@gmail.com Katie Ali katieali.rpn@gmail.com Leah Bernaldez leij1221@gmail.com linda sahar tarabay ltarabay65@hotmail.com Ma. erika jade Carballo mej_carballo1993@yahoo.com mark voltaire lazaro markvoltaire_lazaro@yahoo.com mawires02 mawires02@gmail.com Narine Grigoryan narinegrigoryan1993@gmail.com Richie Rich richie.2022@gmail.com siya sharma siyasharma201110@gmail.com Steven Mawoko rajahh07@gmail.com vonche de la cruz vonchedelacruz@yahoo.com

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

ADVERTISEMENT