Commonwealth v. Smith

889 N.E.2d 439, 72 Mass. App. Ct. 175, 2008 Mass. App. LEXIS 691
Massachusetts Appeals Court·Decided July 3, 2008·No. No. 07-P-446·Published·Cited by 2 cases

Opinion

Trainor, J.

This case presents the question whether a public school administrator may search a student based on that student’s violation of a school rule and of procedures that were intended to secure a safe learning environment within the school. On appeal, the defendant argues that his motion to suppress the firearm and ammunition that were discovered as a result of the search, improperly was denied because the public school administrator lacked the required basis to justify the search. We hold that, in the circumstances of this case, the warrantless search of the student was reasonable under both the Fourth Amendment to the [176] United States Constitution and art. 14 of the Massachusetts Declaration of Rights.

Facts. The motion judge found the following relevant facts, which were supported by the evidence presented at the motion hearing. See Commonwealth v. Scott, 440 Mass. 642, 646 (2004) (motion judge’s findings of fact accepted absent clear error).

Assistant headmaster Miguel Prieto, the senior disciplinarian at Brighton High School, monitors the arrival of students at the front doors of the school each morning during the prescribed arrival hours of between 6:45 a.m. and 8:00 a.m. The front doors are the only authorized entrance, as they are equipped with a metal detection system. Prieto specifically remembered that, while monitoring the front doors, he did not see the defendant arrive the morning of the incident, February 13, 2004.1 The defendant and Prieto have an arrangement where the defendant drops his belongings in Prieto’s office at the start of each school day.2 The defendant failed to follow this practice on the day of the incident.

At approximately 9:00 a.m., a school administrator found the defendant in an “unauthorized area” on the third floor of the school and brought him to an office to perform an administrative search. Two school administrators and two school police officers were in the office at the time, and when the defendant resisted the search, they summonsed Prieto because of his good relationship with the defendant. When Prieto arrived, he was informed that the defendant had been in an unauthorized area that morning and also that, the previous day, the defendant had been sent home and told, “[I]f you leave here you can’t come back without a [177] parent.”3 The defendant did not bring a parent with him to school on February 13, 2004, thereby failing to abide by this order. Everyone except Prieto and the defendant then left the office. While encouraging the defendant to permit a search, Prieto took the defendant’s jacket, which he noted was heavy, and found a .380 caliber handgun in a pocket. Prieto called for the school police, who entered the office, retrieved the firearm, and arrested the defendant.

Three administrative directives govern administrative searches within the Boston public schools, all of which were admitted as exhibits during the motion hearing. The Boston public schools code of discipline (code) requires that each school establish written, school-based rules of conduct and procedures to include, among other issues, searches and seizures. The code also sets forth “Rights of Students” which include a right not to be searched except by designated school administrators based on reasonable cause. Section 7.9.2 of Brighton High School’s school-based rules, which were published in the 2003-2004 student handbook, states that “[sjtudents that are found in the hallway 10 minutes after the second bell rings and without a pass [are] in violation of this rule.” The section of the handbook entitled “Student Searches” further provides notice that students are subject to search based on reasonable cause to suspect violations of the code.

Motion to suppress. The defendant filed a motion to suppress the firearm and ammunition found in his jacket. During the hearing on the motion, the judge heard testimony from Prieto, school police Officer Brian James, and the defendant’s father. The judge also considered documentary evidence, including the school’s student handbook, the code, Boston public schools’ student search policy, and a memorandum of agreement between the Boston public schools and the Boston police department.

Following the hearing, the judge issued a memorandum of decision and order denying the defendant’s motion to suppress the evidence. In his findings, the motion judge determined that the search was justified based on three factors: the defendant’s violation of a school rule by his presence in the hallway during class; his violation of a school rule by his failure to enter the [178] building through the authorized entrance, namely, the front doors, which are secured with metal detectors, during specific arrival hours; and his failure to follow an arranged plan of dropping his belongings in Prieto’s office at the start of the school day. The defendant subsequently was convicted by a Superior Court jury of unlawful possession of a firearm, G. L. c. 269, § 10(a); and unlawful possession of ammunition, G. L. c. 269, § 10(h). This appeal ensued.

Discussion. “In reviewing the denial of a motion to suppress, we accept the motion judge’s subsidiary findings of fact absent clear error. . . . We will, however, independently review the correctness of the judge’s application of constitutional principles to the facts found.” Commonwealth v. Lawrence L., 439 Mass. 817, 820-821 (2003), quoting from Commonwealth v. Molina, 439 Mass. 206, 208 (2003).

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Commonwealth v. Smith, 889 N.E.2d 439, 72 Mass. App. Ct. 175, 2008 Mass. App. LEXIS 691 (Mass. Ct. App. 2008).

889 N.E.2d 439 (Commonwealth v. Smith) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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