In Re AD

844 A.2d 20
CourtSuperior Court of Pennsylvania
DecidedFebruary 19, 2004
StatusPublished

This text of 844 A.2d 20 (In Re AD) 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
In Re AD, 844 A.2d 20 (Pa. Ct. App. 2004).

Opinion

844 A.2d 20 (2004)

In the Interest of: A.D., a Minor.
Appeal of: A.D., a Minor, Appellant.

Superior Court of Pennsylvania.

Submitted November 3, 2003.
Filed February 19, 2004.

*22 Matthew P. Kelly, Wilkes Barre, for appellant.

David W. Lupas, Asst. Dist. Atty., Wilkes Barre, for Com., appellee.

Before: HUDOCK, FORD ELLIOTT, and KELLY, JJ.

*21 KELLY, J.

¶ 1 Appellant, A.D., appeals from the dispositional order entered in the Luzerne County Court of Common Pleas, following her adjudication of delinquency for theft by unlawful taking[1] and receiving stolen property.[2] The issue presented in this appeal is whether the evidence seized from Appellant's book bag should have been suppressed, where the school's assistant principal searched a small group of students, including Appellant, who had been seated near stolen property. We hold the assistant principal's particularized search *23 of a small group of students, undertaken with individualized suspicion that one of them committed a theft, did not violate either the United States or Pennsylvania Constitutions. Thus, we affirm.

¶ 2 The relevant facts and procedural history of this case are as follows. Appellant is a 16 year-old female high school student born May 27, 1987. On April 10, 2003, two female Wyoming High School students reported that money was missing from their purses following their participation in gym class. The two victims had left their purses on the gymnasium bleachers during their participation in class activities. Other students, including Appellant, who were not participating in the gym activities had remained seated in the bleachers. Upon returning to the bleachers, one victim reported that twenty-two dollars ($22) was missing from her purse, as well as a piece of paper with her social security number written on it. The other victim reported missing sixty-one dollars ($61). The physical education teacher separated the students who had been participating in activities on the gymnasium floor from those students seated in the bleachers. He then called Assistant Principal Dave Mattes, who in turn contacted Sergeant Michael Coolbaugh from the Exeter Borough Police Department.

¶ 3 Mr. Mattes, accompanied by Sgt. Coolbaugh, arrived at the gym and spoke with the victims. Mr. Mattes then individually escorted each of the six male students who had been seated in the bleachers to a private area, where he searched their pockets and book bags. After Mr. Mattes had searched each of the six male students, he summoned a female hall monitor to assist him with searching the female students. The hall monitor reported that one of the girls, Appellant, appeared very upset, and suggested they search her first. Mr. Mattes subsequently found eighty-three dollars ($83) rolled up in a sock in Appellant's book bag, along with one victim's missing social security information and a movie ticket stub belonging to the other victim. Sgt. Coolbaugh remained outside of the area where Mr. Mattes conducted the searches and did not participate in the searches.

¶ 4 The court held a delinquency hearing on April 21, 2003. At this hearing, Appellant raised an objection challenging the legality of the search, which the court denied. The court adjudicated Appellant delinquent and in violation of her probation, and committed her to the Youth Services Agency of Pennsylvania (FACT).[3] This appeal followed.

¶ 5 Appellant raises the following issue for our review:

WHETHER THE TRIAL COURT ERRED IN DENYING APPELLANT'S MOTION TO SUPPRESS EVIDENCE[?]

(Appellant's Brief at 1).

¶ 6 As a prefatory matter, we must address the Commonwealth's argument that Appellant did not file a timely pretrial suppression motion before the juvenile hearing. In support of its assertion, the Commonwealth directs our attention to the Pennsylvania Rules of Criminal Procedure Rule 574, which states in pertinent part:

Rule 574. Motions

(A) All motions, challenges, and applications or requests for an order or relief shall be made by written motion, except as otherwise provided in these rules, or *24 as permitted by the court, or when made in open court during trial or hearing.

* * *
(D) The failure, in any motion, to state a type of relief or order, or a ground thereof, shall constitute a waiver of such relief.

Pa.R.Crim.P. 574(A), (D). For this reason, the Commonwealth believes Appellant has waived the suppression issue. We disagree.

¶ 7 Here, the Commonwealth's reliance on the Rules of Criminal Procedure is misplaced, as the Rules are inapplicable to juvenile proceedings. See Pa.R.Crim.P. 100. Nevertheless, the juvenile court had discretion to consider Appellant's suppression argument that was raised orally during Mr. Mattes' testimony. See In re J.V., 762 A.2d 376 (Pa.Super.2000) (evaluating suppression issue raised orally during juvenile's delinquency hearing); In the Interest of Brown, 273 Pa.Super. 556, 417 A.2d 1188 (1980) (holding juvenile waived suppression issue where he failed to raise issue in pretrial statement or orally at time of testimony during hearing). Moreover, even if the Rules did apply to juvenile proceedings, Rule 581 grants a trial court discretionary power to consider an oral suppression motion. See Pa.R.Crim.P. 581; Commonwealth v. Micklos, 448 Pa.Super. 560, 672 A.2d 796 (1996), appeal denied, 546 Pa. 678, 686 A.2d 1309 (1996) (holding Rule 581 grants trial judge discretion to consider untimely oral suppression motion when it is in the interests of justice to do so). Accordingly, we give the Commonwealth's argument no further consideration and proceed to address the merits of this appeal.

¶ 8 Appellant argues she was subject to a warrantless search and seizure by Mr. Mattes, the school's Assistant Principal, who was an "agent of the state." Appellant also complains she was not read her Miranda[4] rights prior to the search of her book bag. For these reasons, Appellant concludes the evidence resulting from this search was obtained in violation of her constitutional rights. We disagree.

¶ 9 When reviewing a challenge to the denial of a suppression motion:

[W]e must consider only the evidence of the prosecution and so much of the evidence for the defense which remains uncontradicted when read in the context of the record as a whole. Where the record supports the findings of the suppression court, we are bound by those facts and may reverse only if the legal conclusions drawn therefrom are in error.

In the Interest of R.H., 568 Pa. 1, 5, 791 A.2d 331, 333 (2002) (citing Commonwealth v. Hall, 549 Pa. 269, 283, 701 A.2d 190, 197 (1997)) (internal quotation marks omitted).

¶ 10 Initially, we must determine whether Mr. Mattes was acting as a school official or as an agent of the police. In re D.E.M., 727 A.2d 570 (Pa.Super.1999).

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Vernonia School District 47J v. Acton
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Commonwealth v. Hall
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Commonwealth v. Cass
709 A.2d 350 (Supreme Court of Pennsylvania, 1998)
Commonwealth v. Micklos
672 A.2d 796 (Superior Court of Pennsylvania, 1996)
Commonwealth v. J.B.
719 A.2d 1058 (Superior Court of Pennsylvania, 1998)
In re D.E.M.
727 A.2d 570 (Superior Court of Pennsylvania, 1999)
In re J.V.
762 A.2d 376 (Superior Court of Pennsylvania, 2000)
In the Interest of R.H.
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In the Interest of A.D.
844 A.2d 20 (Superior Court of Pennsylvania, 2004)
In the Interest of Brown
417 A.2d 1188 (Superior Court of Pennsylvania, 1980)

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Bluebook (online)
844 A.2d 20, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-ad-pasuperct-2004.