K.S.

People v. K.S.

Good Law
108 Cal. Rptr. 3d 32·183 Cal. App. 4th 72·2010 Cal. App. LEXIS 388
Court of Appeal of CaliforniaMarch 25, 2010No. A124698California4,236 words

Opinion

lead Opinion

Simons, J.

In its landmark decision on searches of students by school officials, the United States Supreme Court concluded such searches were justified if “ ‘reasonable,’ ” though no warrant had been obtained and the “probable cause” required for a police search did not exist. (New Jersey v. T.L.O. (1985) 469 U.S. 325, 341 [ 83 L.Ed.2d 720 , 105 S.Ct. 733 ] (T.L.O.).) The high court declined, however, to determine the applicable standard when the school officials conduct the search “in conjunction with or at the behest of law enforcement agencies.” (Id. at p. 341, fn. 7.) The facts of our case directly raise this issue. In the published portion of this opinion, we conclude that when a school official independently decides to search a student and then conducts that search, the T.L.O. standard applies, even if the police provide the information justifying the search and are present when it occurs. In the unpublished portion, we apply the reasonable suspicion standard to our facts and uphold the trial court’s decision to deny the motion to suppress filed by appellant K.S. In addition, we accept appellant’s argument, conceded by the People, that a minute order reflecting a three-year…

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