In Re Cody S.

People v. Cody S.

Good Law
121 Cal. App. 4th 86·16 Cal. Rptr. 3d 653·2004 Cal. App. LEXIS 1247·2004 Daily Journal DAR 9361·2004 Cal. Daily Op. Serv. 6899
Court of Appeal of CaliforniaJuly 29, 2004E034514California2,347 words

Opinion

Opinion

McKINSTER, J.

Cody S. (the minor) contends that a search of the locker assigned for his use during his physical education (PE) class and a subsequent search of his backpack were not based on reasonable suspicion, in that the sole basis for the search was a tip from an anonymous informant who reported to school officials that the minor had a knife in his backpack. He also contends that his admission that he had a knife in his backpack should be excluded as the product of the illegal search of his locker.

We hold that there was no search of the locker, and that the minor’s admission that he had a knife in his backpack provided school authorities with reasonable suspicion sufficient to justify the intrusion into the minor’s backpack without regard to the anonymous tip.

PROCEDURAL BACKGROUND

A petition pursuant to section 602 of the Welfare and Institutions Code alleged that the minor possessed marijuana for sale (Health & Saf. Code, § 11359) and possessed a knife on school grounds (Pen. Code, § 626.10, subd. (a)). The minor moved to suppress evidence as the product of an illegal search and seizure. Specifically, he contended that there were three illegal searches: of his gym locker, of…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.