People v. K.J. (In re K.J.)
People v. K.J. (In re K.J.)
Opinion of the Court
Following a combined motion to suppress evidence and jurisdictional hearing, the juvenile court sustained a petition alleging appellant possessed a weapon on school grounds. On appeal, K.J. contends his motion to suppress should have been granted because he was detained and searched without reasonable suspicion. We disagree and affirm the judgment.
I. FACTUAL AND PROCEDURAL BACKGROUND
The Solano County District Attorney petitioned to have appellant declared a ward of the court after appellant was found to be carrying a loaded weapon at school.
*1127At the hearing on appellant's motion, William Cushman, the assistant principal of Fairfield High School, testified that at approximately 1:30 p.m. on December 17, 2015, he received a text message from a student, alerting him that a student with a gun was at school. Vice Principal Cushman knew the identity of the student who contacted him, but declined to reveal her identity due to the student's fear of retaliation. Consequently, the parties stipulated that the student would be treated as an anonymous tipster.
The actual text read: " 'IDK if school is out RN, but there's a guy with a loaded gun at Yeto.' " "Yeto" referred to Sam Yeto High School a "credit recovery school" located on the Fairfield High campus. Vice Principal Cushman interpreted the text as stating, "I don't know if school out right now, but there's a kid with a loaded gun on Yeto campus."
After advising his secretary to call the police, Vice Principal Cushman immediately went to the Yeto campus, to report the message to that school's principal, Sherry McCormick. Shortly after he arrived at Yeto, Vice Principal Cushman was met by Fairfield Police Officer, Paula Gulian, the campus resource officer for Fairfield High.
Officer Gulian testified that she received a report from Vice Principal Cushman that a male student had a gun at the Yeto campus. As per police protocol, Officer Gulian called for a backup officer. In the meantime, Officer Gulian told Vice Principal Cushman to contact the student tipster for more information. At approximately 1:40 p.m., Vice Principal Cushman called the student tipster. The student seemed "anxious" and "surprised" to receive a call from Vice Principal Cushman, but she responded to his questions. The student told Vice Principal Cushman that she had received a message via the social media application, SnapChat, with a video showing a student, sitting in a classroom, displaying a gun and a magazine clip.
*384At approximately 1:42 p.m., Vice Principal Cushman saw the video. He believed, but was not certain, that he saw the video before the police went to talk with appellant in his classroom. Even without the video, Vice Principal Cushman felt "sure" that they "had the right person based on the description" he received from the student tipster. That description provided the suspect's gender, race, hair style. The student tipster said she knew who the suspect was, but did not know his name. The student tipster also said that the suspect wore dread locks and previously attended Fairfield High.
Officer Gulian testified that based on the information provided by the student tipster, Vice Principal Cushman and Principal McCormick came up with the names of two students who fit the description. When Vice Principal Cushman gave the names of the suspects to the student tipster, she identified *1128appellant as the student in the video. Once Officer Quinn arrived as backup, he, along with Officer Gulian and Principal McCormick, went to appellant's classroom. Officer Gulian testified that she had not viewed the SnapChat video before going to appellant's classroom. Officer Gulian directed Principal McCormick to escort appellant from the classroom. When the principal and appellant emerged from the classroom, Officer Gulian removed appellant's backpack and handcuffed him.
Officer Gulian's search of appellant's person uncovered a bullet magazine in the left front pocket of his jeans; Officer Quinn found a nine millimeter Taurus semi-automatic in the shorts appellant was wearing under his jeans. The firearm was not loaded, but the magazine contained seven rounds of ammunition.
II. DISCUSSION
Appellant contends that the detention and search violated his Fourth Amendment right to be free from unreasonable search and seizure because Officer Gulian did not have reasonable suspicion that criminal activity was afoot or that he was armed and dangerous.
A. Legal Standards Governing Searches and Seizures on School Premises
The Fourth Amendment protects students on a public school campus against unreasonable searches and seizures. ( In re Randy G. (2001)
"On appeal from a ruling denying a motion to suppress evidence, we 'exercise our independent judgment to determine whether, on the facts found by the court, the search was reasonable under the Fourth Amendment [of the United States Constitution (the Fourth Amendment) ].' [Citation.] If any findings of fact are challenged, we apply a substantial evidence standard of review. [Citation.]" ( Sean A., supra, 191 Cal.App.4th at p. 186,
B. The Detention Did Not Violate the Fourth Amendment
Appellant contends that the "arbitrary and capricious" standard of Randy G. does not apply because he was detained by two police officers, but only one was an acting campus resource officer. He further argues that William V., which extends Randy G. to campus resource officers, does not apply because it involved a search, as opposed to a detention.
Preliminary, appellant's attempt to distinguish the standards applicable to searches and seizures fails. Although William V. involved a search rather than a seizure by a campus resource officer, "the test for assessing the reasonableness of official conduct under the Fourth Amendment is essentially the same: 'it is necessary "first focus upon the governmental interest which allegedly justifies official intrusion upon the constitutionally protected interests of the private citizen," for there is "no ready test for determining reasonableness other than by balancing the need to search [or seize] against the invasion which the search or seizure entails." ' ( Terry v. Ohio [ (1968) ] 392 U.S. [1,] 20-21 [
*1130In Randy G., supra,
We reject appellant's contention that we should not apply the arbitrary and capricious standard because, although Officer Gulian qualified as a campus resource officer, Officer Quinn did not share this status. This distinction places form over substance and ignores the resource officer's function at the school, as well as the special nature of a public school.
In William V., supra,
Relying on the reasoning of T.L.O., William V . focused on "balancing the importance of maintaining an appropriate educational environment with the privacy interests of students ...." ( William V., supra , 111 Cal.App.4th at p. 1472,
Here, Officer Gulian was a school resource officer. As part of police protocol, she called for a backup officer. The relationship between a student and campus resource officer is no different than that between a student and the backup officer merely because one is assigned to work at the school and the other is not. The distinction between the campus resource officer and the backup officer called to assist focuses on job classification, rather than on the campus officer's function at the school and the special nature of the public *1131school. As explained in William V., supra,
The distinction suggested by appellant could result in campus resource officers not calling for backup because the responding officers are not specially assigned to the school. This not only has the potential to endanger campus resource officers, but also threatens the safety of the students they are there to protect. Moreover, presumably campus resource officers and responding backup officers have the same specialized training in Fourth Amendment jurisprudence, such that protection of students' Fourth Amendment rights would be the same regardless of the officers' assignment. That a police officer assigned to a high school as a resource officer is assisted by a backup from a non-campus resource officer is not determinative of the standard to be applied.
For purposes of Fourth Amendment analysis, "school officials," include police officers such as Officer Gulian, who are assigned to high schools as resource officers ( William V., supra, 111 Cal.App.4th at pp. 1470-1471,
Here, the detention of appellant was lawful under the Randy G. standard. Substantial evidence supported the juvenile court's express findings that Officer Gulian was acting as a school officer and that the detention occurred on school property and supported the court's implied finding that the detention was neither arbitrary, capricious or for the purpose of harassment. Officer Gulian testified that she was assigned as a school resource officer whose duties included "handling any type of crimes that happen on campus." She testified that prior to the detention, she had received a report from Vice Principal Cushman that a male student at Yeto had a gun. In balancing the grave threat to the lives of students and staff posed by the threat of a student carrying a firearm on school grounds against the minimally intrusive nature of removing a student from class, appellant's detention was lawful.
*1132In another attempt to avoid the arbitrary and capricious standard, appellant argues that his detention was more intrusive than the one at issue in Randy G. In Randy G. a security guard called a student out into the hall to ask questions about a possible rule violation. ( Randy G., supra, 26 Cal.4th at pp. 560-561,
Handcuffing a suspect substantially increases the intrusiveness of a stop and is not part of a typical investigatory detention. ( Washington v. Lambert (9th Cir. 1996)
Examining the circumstances present at the time of the detention here, including the facts known to officers, we conclude the conduct by law enforcement authorities was reasonable. Officer Gulian explained that she had the principal retrieve appellant from class because, in her experience, if a student did have a gun, it was more likely that a shoot-out could happen if an officer entered the classroom. Officer Gulian further testified that she immediately grabbed appellant's backpack and put him in handcuffs as a safety measure to make sure that, if he did have a gun, he would not be able to grab the weapon. She explained that it was police procedure to control a suspect's hands when a gun is involved. Officer Gulian testified that her decision to place appellant in handcuffs before talking to him was made to ensure the safety of the students, staff, and officers. Balancing the nature of the threat against appellant's Fourth Amendment interests, the officers acted reasonably under the circumstances.
C. The Search Did Not Violate the Fourth Amendment
Appellant does not contest the scope of the search. Instead, he contends the search was not " 'justified at its inception' " because there were no "reasonable grounds" for suspecting that he was carrying a gun.
*1133A search is " 'justified at its inception' " if under "ordinary circumstances" the information constituted "reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of the school." ( T.L.O.,
Appellant nonetheless insists that the search was not "justified at its inception." He reasons that the information leading to the search came from an anonymous source and was therefore unreliable because there were no means of testing the informant's knowledge or credibility. On this point, he relies principally on Florida v. J.L. (2000)
In J.L., an anonymous caller reported to the police that "a young black male standing at a particular bus stop and wearing a plaid shirt was carrying a gun." ( J.L.,
*389Acting on the tip, two police officers arrived at the bus stop and saw three black males, one of whom was wearing a plaid shirt. (
The high court acknowledged that "there are situations in which an anonymous tip, suitably corroborated, exhibits 'sufficient indicia of reliability to provide reasonable suspicion to make the investigatory stop.' " ( J.L.,
J.L. is not controlling here. To begin with, in J.L., unlike here, nothing was known about the informant who "neither explained how he knew about the gun nor supplied any basis for believing he had inside information about J.L." ( J.L.,
Yet, appellant insists that the search was not based on reasonable suspicion because neither Vice Principal Cushman nor Officer Gulian watched the video before he was searched. However, Vice Principal Cushman testified that even without the video, he felt "sure" that they "had the right person based on the description" he received from the student tipster. That description included the suspect's gender, race, hair style, as well as his status as a former student at Fairfield High. Under these circumstances, any failure to watch the video prior to contacting appellant did not diminish the reliability of the information provided by the student tipster.
Nevertheless, J.L. itself acknowledged that "[f]irearms are dangerous, and extraordinary dangers sometimes justify unusual precautions," as well as the possibility that "the danger alleged in an anonymous tip might be so great as to justify a search even without a showing of reliability." ( J.L.,
Appellant's search was reasonable and consistent with the Fourth Amendment.
III. DISPOSITION
The judgment is affirmed.
We concur:
RUVOLO, P.J.
RIVERA, J.
Felony possession of a firearm in a school zone is a violation of Penal Code section 626.9, subdivision (b). Appellant was also charged with felony possession of a firearm by a minor (Pen. Code, § 29610 ) and misdemeanor possession of live ammunition by a minor (Pen. Code, § 29650 ).
Case-law data current through December 31, 2025. Source: CourtListener bulk data.