In re Emil K. CA4/3

FACTS AND PROCEDURAL BACKGROUND

During an assembly attended by the entire student body, a campus supervisor caught minor trying to jump a fence surrounding the school in violation of

2 school policy. According to assistant principal Troy David Fresch (Fresch), the high school’s “standard procedure” for such conduct “is to communicate with the student, let them know that they are violating a school rule,” and “generally ask the student if he or she has anything in their possession that would also be in violation of school rules.” The school “give[s] school officials permission to search student property” “based upon reasonable suspicion” to protect “the safety of the entire student body.” “[I]f students are found with anything dangerous or illegal in their possession that could potentially harm themselves or others,” school officials will “search the students, the[ir] possessions and the[ir] lockers.” This “school policy applies to all the students at [the] high school.” After catching minor trying to jump over the fence, the campus supervisor asked him if he had anything in violation of school rules. Minor either said he had a lighter or the supervisor asked him to empty his…