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7 California opinions name it 2 courts 2004–2018 0 in the last five years
The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
New Jersey v. T. L. O.green2 sentences2014(New Jersey v. T.L.O. (1985) 469 U.S. 325, 339 .) Thus, school officials may search students on campus without having probable cause to believe the student violated the law, so long as they have a reasonable suspicion that the student is violating or has violated a law or a school rule. 2004(New Jersey v. T.L.O. (1985) 469 U.S. 325, 339 [ 83 L.Ed.2d 720 , 105 S.Ct. 733 ].) However, because the student’s legitimate expectation of privacy must be balanced against the school’s obligation to maintain discipline and to provide a safe environment for all students and staff, 3 school officials may conduct a search of the student’s person and personal effects based on a reasonable suspicion that the search will disclose evidence that the student is violating or has violated the law or a school rule. | 1 | 5 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in California. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
People v. Cody S.
green
2 sentences2018(Randy G., supra, 26 Cal.4th at p. 565 .) A school official may search a student’s person and personal effects based on “a 4 reasonable suspicion that the search will disclose evidence that the student is violating or has violated the law or a school rule.” (Cody S., supra, 121 Cal.App.4th at p. 91 .) For purposes of Fourth Amendment analysis, “school officials” include police officers such as Officer Gulian who are assigned to high schools as resource officers. 2016Ultimately, the legality of the search 'depend[s], simply, on the reasonableness, under all the circumstances, of the search.' " ( In re Cody S. (2004) 121 Cal.App.4th 86 , 91, 16 Cal.Rptr.3d 653 , fn. omitted ( Cody S. ), quoting T.L.O., supra, 469 U.S. at p. 341 , 105 S.Ct. 733 .) In T.L.O., "the court held that teachers and school officials need not obtain a warrant or have probable cause to search a student. 'Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search.' [Citation.] The court set forth a twofold inquir | 4 | 2016–2018 |
People v. Randy G.
green
2 sentences2018(Randy G., supra, 26 Cal.4th at p. 565 .) A school official may search a student’s person and personal effects based on “a 4 reasonable suspicion that the search will disclose evidence that the student is violating or has violated the law or a school rule.” (Cody S., supra, 121 Cal.App.4th at p. 91 .) For purposes of Fourth Amendment analysis, “school officials” include police officers such as Officer Gulian who are assigned to high schools as resource officers. 2014(Id. at pp. 341-342; In re William G. (1985) 40 Cal.3d 550, 564 .) “Different interests are implicated by a search than by a seizure [citation], and a seizure is ‘generally less intrusive’ than a search. [Citations.] . . . [D]etentions of minor students on school grounds do not offend the Constitution, so long as they are not arbitrary, capricious, or for the purposes of harassment. [Citations.]” (In re Randy G., supra, 26 Cal.4th at p. 567 .) Minor apparently does not claim that Castillo’s initial questioning of him and his companions on the steps of the auditorium was unreasonable. | 2 | 2014–2018 |
In Re William
green
1 sentence2018(In re William V. (2003) 111 Cal.App.4th 1464 , 1471 (William V.).) “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. | 1 | 2018–2018 |
People v. Sean A.
green
1 sentence2018(In re William V. (2003) 111 Cal.App.4th 1464 , 1471 (William V.).) “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. | 1 | 2018–2018 |
People v. J.D.
neutral
1 sentence2016“And beyond that, [Diego] no longer has complete control over that locker, so thus he’s kind of on notice that the locker could be searched because of something Juan . . . does . . . .” Citing In re J.D. (2014) 225 Cal.App.4th 709 (J.D.), the district attorney asserted the search of Diego’s notebook was justified by Duggan’s reasonable suspicion Juan violated the law or a school rule. | 1 | 2016–2016 |
People v. William G.
green
1 sentence2014(Id. at pp. 341-342; In re William G. (1985) 40 Cal.3d 550, 564 .) “Different interests are implicated by a search than by a seizure [citation], and a seizure is ‘generally less intrusive’ than a search. [Citations.] . . . [D]etentions of minor students on school grounds do not offend the Constitution, so long as they are not arbitrary, capricious, or for the purposes of harassment. [Citations.]” (In re Randy G., supra, 26 Cal.4th at p. 567 .) Minor apparently does not claim that Castillo’s initial questioning of him and his companions on the steps of the auditorium was unreasonable. | 1 | 2014–2014 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.