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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  2. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  3. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  4. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  5. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

ADVERTISEMENT