Com. v. JB

719 A.2d 1058
CourtSuperior Court of Pennsylvania
DecidedOctober 19, 1998
StatusPublished

This text of 719 A.2d 1058 (Com. v. JB) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Com. v. JB, 719 A.2d 1058 (Pa. Ct. App. 1998).

Opinion

719 A.2d 1058 (1998)

COMMONWEALTH of Pennsylvania, Appellee,
v.
J.B., Appellant.

Superior Court of Pennsylvania.

Submitted June 22, 1998.
Filed October 19, 1998.

*1060 John W. Packel, Asst. Public Defender, Philadelphia, for appellant.

Peter J. Gardner, Asst. Dist. Atty., Philadelphia, for Com., appellee.

Before HUDOCK, STEVENS and MONTEMURO,[*] JJ.

*1059 HUDOCK, Judge:

Appellant appeals from the order of the Philadelphia Court of Common Pleas that denied his petition for a writ of certiorari. Appellant filed this petition after being adjudicated delinquent for possession of a weapon on school property and knowing and intentional possession of a controlled substance.[1] In this appeal, Appellant contends that evidence seized from his person should have been suppressed under both the United States and Pennsylvania Constitutions. His argument with respect to the Pennsylvania Constitution presents a question of first impression in this Commonwealth. We affirm.

The facts and procedural history can be summarized as follows: On September 11, 1996, Officer Misho Singelton, a school police officer employed by the Philadelphia school board, was patrolling the hallways of Martin Luther King High School between class periods. As the officer observed Appellant round a corner of the hallway, he noticed that Appellant's eyes were closed and that he was staggering. The officer stopped Appellant and asked if there was a problem. Appellant said nothing at first, but then responded that he did not have a problem and that he was on his way to class. While talking to Appellant, Officer Singelton noticed that Appellant's speech was slurred and that he was swaying; i.e., he could not stand-up straight.

The officer testified that, in his experience as a school police officer, he had encountered approximately fifteen students who had been under the influence of drugs or alcohol. N.T., 10/11/96, at 6-7. Moreover, although Officer Singelton stated that he did not know Appellant personally, he explained that he had seen Appellant in the hallways and that Appellant had not exhibited such behavior on those occasions. Additionally, because the officer did not detect the scent of alcohol on Appellant's breath, he surmised that Appellant "was under the influence of a controlled substance." Id. at 6. Consequently, Officer Singelton decided to escort Appellant to the police office located within the school.

After they arrived at the police office, the officer again asked Appellant what was wrong. When Appellant failed to respond, Officer Singelton ordered Appellant to remove everything from his pockets. Finding no contraband in Appellant's pockets, the officer shook Appellant's pants and discovered a bag of marijuana and a pocketknife in the cuff of one of Appellant's pant legs. Officer Singelton placed these items in an envelope and contacted the Philadelphia Police Department.

The Commonwealth subsequently began delinquency proceedings. Following a suppression hearing, a municipal court judge suppressed the seized evidence. The Commonwealth, after certifying that suppression would substantially handicap its prosecution,[2] appealed to the Court of Common Pleas, which reversed the suppression order. Thereafter, a stipulated trial was held and Appellant was adjudicated delinquent. He was sentenced to fifteen months of non-reporting probation. Appellant then filed an *1061 unsuccessful petition for a writ of certiorari. This appeal followed.

Appellant presents one question for our review:

Did not the lower court err in denying appellant's motion to suppress physical evidence, where the search of the appellant violated federal and state constitutional guarantees to be free from unreasonable searches and seizures in that the police officer lacked both reasonable suspicion and probable cause?

Appellant's Brief at 3.

On appeal from the denial of a defendant's motion to suppress, this Court applies the following standard of review:

"In an appeal from the denial of a motion to suppress our role is to determine whether the record supports the suppression court's factual findings and the legitimacy of the inferences and legal conclusions drawn from those findings. In making this determination, we may consider only the evidence of the prosecution's witnesses and so much of the defense as, fairly read in the context of the record as a whole, remains uncontradicted. When the factual findings of the suppression court are supported by the evidence, we may reverse only if there is an error in the legal conclusions drawn from those factual findings."

Commonwealth v. Rosario, 438 Pa.Super. 241, 652 A.2d 354, 365 (Pa.Super.1994) (en banc) (quoting Commonwealth v. Foster, 425 Pa.Super. 61, 624 A.2d 144, 147 (Pa.Super.1993)).

A. ANALYSIS UNDER THE UNITED STATES CONSTITUTION

Appellant first argues that Officer Singelton's search violated his privacy rights as guaranteed by the Fourth and Fourteenth Amendments to the United States Constitution. The United States Supreme Court has clearly indicated that the Fourth Amendment "indisputably" protects the rights of students against encroachment by public school officials. New Jersey v. T.L.O., 469 U.S. 325, 334, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985). In T.L.O., however, the Supreme Court held that this privacy interest must be balanced against the need of school administrators to maintain order:

We join the majority of courts that have examined this issue in concluding that the accommodation of the privacy interests of school children with the substantial need of teachers and administrators for freedom to maintain order in the schools does not require strict adherence to the requirement that searches be based on probable cause to believe that the subject of the search has violated or is violating the law. Rather, the legality of a search of a student should depend simply on the reasonableness, under all the circumstances, of the search. Determining the reasonableness of any search involves a twofold inquiry: first, one must consider "whether the ... action was justified at its inception," Terry v. Ohio, [392 U.S. 1, 20, 88 S.Ct. 1868 (1968) ]; second, one must determine whether the search as actually conducted "was reasonably related in scope to the circumstances which justified the interference in the first place," ibid. Under ordinary circumstances, a search of a student by a teacher or other school official will be "justified at its inception" when there are 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. Such a search will be permissible in its scope when the measures adopted are reasonably related to the objectives of the search and not excessively intrusive in light of the age and sex of the student and the nature of the infraction.

T.L.O., 469 U.S. at 341-42, 105 S.Ct. 733 (footnotes omitted) (emphasis added). This Court has applied T.L.O.'s reasonableness standard in a number of reported cases. See In re S.K., 436 Pa.Super.

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