In Re Murray

525 S.E.2d 496, 136 N.C. App. 648, 2000 N.C. App. LEXIS 113
CourtCourt of Appeals of North Carolina
DecidedFebruary 15, 2000
DocketNo COA99-475
StatusPublished
Cited by12 cases

This text of 525 S.E.2d 496 (In Re Murray) is published on Counsel Stack Legal Research, covering Court of Appeals of North Carolina primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In Re Murray, 525 S.E.2d 496, 136 N.C. App. 648, 2000 N.C. App. LEXIS 113 (N.C. Ct. App. 2000).

Opinion

EDMUNDS, Judge.

Juvenile Patrick Jason Murray (Murray) appeals the trial court’s order denying his motion to suppress and the order adjudicating him to be a delinquent pursuant to N.C. Gen. Stat. § 7A-517(12) (Supp. 1998) (repealed effective July 1, 1999). We affirm.

On 15 October 1998, Williston Middle School Assistant Principal LaChawn Smith (Ms. Smith) was approached by a student who told her, “Jason had — Murray had something in his book bag that he should not have at school.” Ms. Smith found Murray alone in Room 105. In response to her question, he denied having a book bag. However, Ms. Smith noticed a red book bag “less than an arm’s reach away” from Murray and asked if it was his. When Murray acknowledged that it was, Ms. Smith asked him to accompany her about twenty feet to her office. As they walked, Murray carried his book bag. Once they reached her office, Ms. Smith asked Murray if there was anything in the book bag that should not be there. He answered that there was not. Ms. Smith then advised Murray that she needed to search the bag. He responded that he did not want her to search it and expressed a desire that his father be called.

Ms. Smith contacted the school’s Dean of Students and the school’s Resource Officer, Deputy Johnson. After Deputy Johnson and the Dean arrived, they explained to Murray that they “needed to search his book bag because [they] were concerned about his safety and the safety of others in the building.” However, when Ms. Smith attempted to take possession of the book bag, Murray “clamped down on it.” Deputy Johnson testified at the suppression hearing: “I then grabbed [Murray], and he struggled with me a little bit. So, I cuffed him so that he wouldn’t hurt himself or I wouldn’t get hurt in the incident.” Once the book bag was secured, Ms. Smith opened it and found a pellet gun. Deputy Johnson then removed the handcuffs from Murray and the principal called his father.

Murray filed a motion to suppress the physical evidence. After conducting a hearing, the trial court denied the motion, then adjudicated Murray delinquent for possessing a weapon on school property, *650 in violation of N.C. Gen. Stat. § 14-269.2(d) (Supp. 1998). Murray appeals.

I.

Murray first challenges the trial court’s failure to suppress the fruits of the search of the book bag. Initially, we must determine the standard to be used in reviewing the legality of the search. The standard we use depends on whether a school official or law enforcement officer conducted the search.

The record reveals that Ms. Smith, an assistant principal, received information that focused her suspicion on Murray’s book bag. After initially confronting Murray and receiving contradictory information from him, she escorted Murray to her office, where she asked if she could search his book bag. Only after the student refused to allow a voluntary search did she call for Deputy Johnson and the Dean of Students. She testified, “I needed someone with greater strength than I have,” indicating that she had decided to search the bag. Deputy Johnson handcuffed Murray only after Murray made it obvious that he was not going to relinquish his book bag without a struggle. Deputy Johnson acted to enable Ms. Smith to obtain the bag and search it. He did not search the bag himself, nor did he conduct any investigation on his own. Therefore, we hold that the search of Murray’s book bag was conducted by a school official. See Cason v. Cook, 810 F.2d 188, 192 (8th Cir.1987) (“At most. . . this case represents a police officer working in conjunction with school officials.”); see also Martens v. District No. 220, Bd. of Educ., 620 F. Supp. 29 (N.D. Ill. 1985); Coronado v. Texas, 806 S.W.2d 302 (Tex. App. 1991), rev’d on other grounds, 835 S.W.2d 636 (Tex. Crim. App. 1992). Consequently, we review the search in light of New Jersey v. T.L.O., 469 U.S. 325, 83 L. Ed. 2d 720 (1985), wherein the United States Supreme Court examined the legality of a school official’s search of a student’s purse.

In T.L. O., a student was discovered smoking in a school lavatory. Although caught in the act, the student denied even being a smoker. When the school’s assistant vice-principal searched the student’s purse for cigarettes, he also found marijuana, rolling papers, and other paraphernalia. In holding that the search was reasonable, the Supreme Court acknowledged the difficulties faced by schools in maintaining discipline. The Court observed that the majority of lower courts had held, “the Fourth Amendment applies to searches conducted by school authorities, but the special needs of the school envi *651 ronment require assessment of the legality of such searches against a standard less exacting than that of probable cause.” Id. at 332 n.2, 83 L. Ed. 2d at 728-29. Agreeing with those courts, the Supreme Court held:

[T]he 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, 20 L. Ed. 2d 889, 905 (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.

Id. at 341, 83 L. Ed. 2d at 734 (omission in original).

Because the T.L.O. reasonableness standard applies to the facts of this case, we first examine whether the search was reasonable at its inception.

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.

Id. at 341-42, 83 L. Ed. 2d at 734-35. “[T]he requirement of reasonable suspicion is not a requirement of absolute certainty: ‘sufficient probability, not certainty, is the touchstone of reasonableness under the Fourth Amendment....’” Id. at 346, 83 L. Ed. 2d at 737 (omission in original) (quoting Hill v. California, 401 U.S. 797, 804, 28 L. Ed. 2d 484, 490 (1971)).

In the case at bar, Ms. Smith received an unsolicited tip from a student that Murray had something in his book bag that he should not have at school. At the time, Ms. Smith was walking to a classroom in order to escort Murray to another classroom. Although she testified that she was doing so because of a “disturbance,” further details are not set out in the record. When she found Murray, he was alone in a classroom and a red book bag lay within his reach.

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Bluebook (online)
525 S.E.2d 496, 136 N.C. App. 648, 2000 N.C. App. LEXIS 113, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-murray-ncctapp-2000.