In re K.K.

950 N.E.2d 198, 192 Ohio App. 3d 650
CourtOhio Court of Appeals
DecidedJanuary 18, 2011
DocketNo. 10-CA-30
StatusPublished

This text of 950 N.E.2d 198 (In re K.K.) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re K.K., 950 N.E.2d 198, 192 Ohio App. 3d 650 (Ohio Ct. App. 2011).

Opinions

Farmer, Judge.

{¶ 1} On June 2, 2009, appellant, K.K., a juvenile, was charged with two counts of delinquency by illegal possession of drugs in violation of R.C. 2925.11. Those counts arose from a search of appellant’s pants pockets and book bag while he was at high school.

{¶ 2} On July 2, 2008, appellant filed a motion to suppress/dismiss, claiming a warrantless search. A hearing before a magistrate was held on October 9, 2009. By decision filed November 12, 2009, the magistrate denied the motion. The trial court denied appellant’s objections on November 24, 2009.

{¶ 3} A bench trial before a magistrate began on December 16, 2009. By an entry filed the same date, the magistrate found appellant to be a delinquent child on the two counts and ordered appellant to serve a six-month commitment with the Department of Youth Services. Findings of fact and conclusions of law were filed on January 15, 2010. The trial court approved and adopted the decision on January 25, 2010, and denied appellant’s objections on May 19, 2010.

{¶ 4} Appellant filed an appeal, and this matter is now before this court for consideration. The assignment of error is as follows:

{¶ 5} “The trial court erred in overruling the juvenile’s motion to suppress where a school official conducts a warrantless search at the direction of law enforcement.”

{¶ 6} Appellant claims that the trial court erred in overruling his motion to suppress. We disagree.

{¶ 7} There are three methods of challenging on appeal a trial court’s ruling on a motion to suppress. First, an appellant may challenge the trial court’s findings of fact. In reviewing a challenge of this nature, an appellate court must determine whether those findings of fact are against the manifest weight of the evidence. State v. Fanning (1982), 1 Ohio St.3d 19, 1 OBR 57, 437 N.E.2d 583; State v. Klein (1991), 73 Ohio App.3d 486, 597 N.E.2d 1141; State v. Guysinger (1993), 86 Ohio App.3d 592, 621 N.E.2d 726. Second, an appellant may argue that the trial court failed to apply the appropriate test or correct law to the findings of fact. In that case, an appellate court can reverse the trial court’s judgment for committing an error of law. State v. Williams (1993), 86 Ohio App.3d 37, 619 N.E.2d 1141. Finally, assuming that the trial court’s findings of fact are not against the manifest weight of the evidence and that it has properly identified the [652]*652law to be applied, an appellant may argue that the trial court has incorrectly decided the ultimate or final issue raised in the motion to suppress. When reviewing this type of claim, an appellate court must independently determine, without deference to the trial court’s conclusion, whether the facts meet the appropriate legal standard in any given case. State v. Curry (1994), 95 Ohio App.3d 93, 641 N.E.2d 1172; State v. Claytor (1993), 85 Ohio App.3d 623, 620 N.E.2d 906; Guysinger. As the United States Supreme Court held in Ornelas v. United States (1996), 517 U.S. 690, 116 S.Ct. 1657, 1663, 134 L.Ed.2d 911, “as a general matter determinations of reasonable suspicion and probable cause should be reviewed de novo on appeal.”

{¶ 8} Pursuant to Crim.R. 12(F), “[w]here factual issues are involved in determining a motion, the court shall state its essential findings on the record.” We note that findings of fact were filed on January 15, 2010.

{¶ 9} Appellant argues that the search by school officials was done at the specific request and direction of law enforcement and therefore it was an illegal, warrantless search.

{¶ 10} In State v. Adams (Jan. 8, 2002), Licking App. No. 01 CA 76, 2002 WL 27739, *1, this court thoroughly explained the law on school searches as follows:

{¶ 11} “In New Jersey v. T.L.O. (1985), 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720, the United States Supreme Court held that the Fourth Amendment’s prohibition on unreasonable searches and seizures applies to searches conducted by public school officials. Id. at 333. Thus, ‘[i]n carrying out searches and other disciplinary functions pursuant to * * * [school disciplinary] policies, school officials act as representatives of the State, not merely as surrogates for the parents, and they cannot claim the parents’ immunity from the strictures of the Fourth Amendment.’ Id. at 336-337. The Court further concluded that the warrant requirement is unsuited to the school environment because it would unduly interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools. Id. at 340. Thus, ‘ * * * school officials need not obtain a warrant before searching a student who is under their authority.’ Id. ‘Ordinarily, a search, * * * must be based upon “probable cause” to believe that a violation of the law has occurred.’ * * * Id. However, a ‘ * * * school setting requires some modification of the level of suspicion of illicit activity needed to justify a search.’ Id. The Court stated that in a number of cases it has recognized ‘ * * * the legality of searches and seizures based on suspicions that, although “reasonable,” do not rise to the level of probable cause.’ * * * Id. at 341. Thus, ‘[w]here a careful balancing of governmental and private interest suggests that the public interest is best served by a Fourth Amendment standard of reasonableness that stops short of probable cause, we have not hesitated to adopt such a standard.’ Id. The Court concluded that in a school setting, the [653]*653legality of a student search depends on the ‘reasonableness,’ under all the circumstances, of the search, not on probable cause. Id. Determining reasonableness involves a two-part analysis. First, ‘ * * * one must consider “whether the * * * action was justified at its inception,” * * *; 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,” * * *.’ ‘ * * * [A] search of a student by a teacher * * * 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.’ Id. at 341-342. ‘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.’ Id. at 342.” (Citations omitted.) Adams at *1.

{¶ 12} The initial step, then, is to determine the reasonableness of the search, which is a lower standard than probable cause:

Free access — add to your briefcase to read the full text and ask questions with AI

Related

New Jersey v. T. L. O.
469 U.S. 325 (Supreme Court, 1985)
Ornelas v. United States
517 U.S. 690 (Supreme Court, 1996)
Picha v. Wielgos
410 F. Supp. 1214 (N.D. Illinois, 1976)
State v. Claytor
620 N.E.2d 906 (Ohio Court of Appeals, 1993)
State v. Klein
597 N.E.2d 1141 (Ohio Court of Appeals, 1991)
State v. Curry
641 N.E.2d 1172 (Ohio Court of Appeals, 1994)
State v. Guysinger
621 N.E.2d 726 (Ohio Court of Appeals, 1993)
State v. Williams
619 N.E.2d 1141 (Ohio Court of Appeals, 1993)
State v. Fanning
437 N.E.2d 583 (Ohio Supreme Court, 1982)

Cite This Page — Counsel Stack

Bluebook (online)
950 N.E.2d 198, 192 Ohio App. 3d 650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-kk-ohioctapp-2011.