ILNews

Court weighs individual rights, school violence

Michael W. Hoskins
January 1, 2007
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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.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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