K.K. v. State
K.K. v. State
Opinion of the Court
K.K. appeals from an adjudication of delinquency, following a plea of no contest to possession of less than 20 grams of cannabis wherein he reserved the right to appeal the denial of his motion to suppress.
“Where school officials initiate the search or police involvement is minimal, most courts have held that the reasonable suspicion test obtains. The same is true in cases involving school police or liaison officers acting on their own authority. However, where outside police officers initiate a search, or where school officials act at the behest of law enforcement agencies, the probable cause standard has been applied.” Dilworth, 214 Ill.Dec. at 463, 661 N.E.2d at 317.
Here, the school official had a reasonable suspicion, based on information from some students, that other students were smoking marijuana in the boys restroom. He entered the restroom followed by the school resource officer who stood at the door and said nothing. Heavy smoke was evident (although from cigarettes) and smoldering butts were on the floor. The school official then searched the six or eight boys who were in the room and found the marijuana in appellant’s wallet. The resource officer neither initiated the search nor participated in it, although he was in the room where the search was conducted. Under these circumstances, and based on the law as we see it, the trial judge was correct in denying the motion to suppress.
AFFIRMED.
Reference
- Full Case Name
- K.K., A Child v. STATE of Florida
- Cited By
- 6 cases
- Status
- Published