In Re of Fb

726 A.2d 361, 555 Pa. 661, 1999 Pa. LEXIS 528
CourtSupreme Court of Pennsylvania
DecidedMarch 2, 1999
StatusPublished

This text of 726 A.2d 361 (In Re of Fb) is published on Counsel Stack Legal Research, covering Supreme 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 of Fb, 726 A.2d 361, 555 Pa. 661, 1999 Pa. LEXIS 528 (Pa. 1999).

Opinions

OPINION OF THE COURT

CAPPY, Justice.

The question before the court is whether a knife seized from appellant, a high school student, during a search for weapons conducted as a pre-condition to entry for all students at University High School in Philadelphia, should be suppressed. Appellant challenges the constitutionality of the search as it took place in the absence of individualized reasonable suspicion. As we find that the search of the student population, as conducted herein, affected a limited privacy interest, was minimally intrusive, was preceded by adequate notice, was motivated by a significant policy concern, and was directed towards an immediate need, individualized reasonable suspicion was not a necessary precondition to the search. Accordingly, the search was constitutional, the suppression of the knife was not warranted, and thus, the decision of the Superior Court is affirmed.

The record reveals that appellant was subject to a point of entry search upon entering University High School in the City of Philadelphia on October 14, 1993. It is the policy of University High School to conduct, in certain circumstances, periodic weapons searches of the entire student population. The search policy and procedures are set forth in the manual of the School District of Philadelphia. The students and their parents are notified before the beginning of the school year that all students may be subject to a search upon entering the University High School building on any given day as a pre-condition to attending school. Notices setting forth the search policy are posted prominently throughout the school and mailed home on a regular basis.

The search is conducted as a point of entry search. All students are required to stand in line before a table and empty their pockets while their backpacks, coats, etc. are searched. The students are each scanned by a hand-held metal detector before being permitted to enter the school. When the search area becomes too crowded, students are chosen at random by school administrators to be searched while the remaining students are excused from the search process and permitted to enter the building proper.1 The actual searches are conducted by officers of the Philadelphia Police Department on detail to and under the direction of the Philadelphia Public Schools.2

On October 14, 1993 appellant was searched upon entering the University High School building. During the search appellant emptied his pockets. Among the items removed from his pocket was a Swiss army type knife with approximately a three inch blade. Appellant was taken to the school office where he was arrested for bringing a weapon onto school property. 18 Pa.C.S. § 912.3

[364]*364As appellant was a juvenile at the time of the offense, a proceeding in Juvenile Court was held where appellant was adjudicated delinquent. At the juvenile hearing appellant moved to suppress the knife, arguing that the search was undertaken without individualized reasonable suspicion to believe that appellant was in violation of any school regulations at the time of the search.4 The trial court denied the motion to suppress finding that the search was justified as a reasonable response to the increased rate of violence in the Philadelphia Public Schools. The Superior Court affirmed. This court granted appellant’s Petition for Allowance of Appeal.

Appellant challenges the constitutionality of the October 14, 1993 search arguing that he was subject to a search without individualized reasonable suspicion justifying the intrusion. Appellant raises this challenge under both the Fourth Amendment to the United States Constitution and Article I, Section 8 of the Pennsylvania Constitution.5 A similar challenge to a search aimed at the entire student population within a public school was brought before this court in Commonwealth v. Cass, 551 Pa. 25, 709 A.2d 350 (1998).6 As this court recognized in Cass, general searches within the school environment do not offend the Fourth Amendment where the search meets the reasonableness test as set forth in Vernonia School District 47J v. Acton, 515 U.S. 646, 652, 115 S.Ct. 2386, 2390, 132 L.Ed.2d 564, 573 (1995). The three factors to be weighed and balanced in reviewing the constitutionality of a general search under the Fourth Amendment are: 1) the nature of the privacy interest upon which the search at issue intrudes, 2) the character of the intrusion, and 3) the nature and immediacy of the governmental concern and the efficacy of the means utilized to address that concern. Acton, 515 U.S. at 654, 115 S.Ct. at 2391, 132 L.Ed.2d at 575.

This court in Cass was unable to agree upon a definitive framework for the analysis of such searches under the Pennsylvania Constitution. The major point in contention among the members of this court was the concept of general searches. The Opinion Announcing Judgment found authority for general searches in Pennsylvania by reference to Commonwealth v. Tarbert, 517 Pa. 277, 535 A.2d 1035 (1987) and Commonwealth v. Blouse, 531 Pa. 167, 611 A.2d 1177 (1992). The two justices in the concurrence found the concept of general searches abhorrent to Pennsylvania constitutional law, however they agreed that such searches would be constitutional under certain conditions within the school environment given the sui generis context of that environment.

Thus, in order to understand which factors a court should consider when reviewing the constitutionality of a school search directed at the entire student population under the Pennsylvania Constitution, we must [365]*365isolate the points upon which the opinion announcing the judgment of the court and the concurring opinion agreed. Having reviewed the two opinions those factors can be identified as follows: 1) a consideration of the students’ privacy interest, 2) the nature of the intrusion created by the search, 3) notice, and 4) the overall purpose to be achieved by the search and the immediate reasons prompting the decision to conduct the actual search.

A comparison of the factors identified as necessary to an analysis of a school search under the Pennsylvania Constitution with the factors set forth in Acton reveals a great similarity. However, the unique policy concerns safeguarding the individual right to privacy in Pennsylvania brings a greater degree of scrutiny to all searches where the protection of Article I, Section 8 is invoked. See, Commonwealth v. White, 543 Pa. 45, 669 A.2d 896 (1996); Commonwealth v. Edmunds, 526 Pa. 374, 586 A.2d 887 (1991); Commonwealth v. Sell, 504 Pa. 46, 470 A.2d 457 (1983); and Commonwealth v. DeJohn, 486 Pa. 32, 403 A.2d 1283 (1979).

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Related

Olmstead v. United States
277 U.S. 438 (Supreme Court, 1928)
Ybarra v. Illinois
444 U.S. 85 (Supreme Court, 1980)
New Jersey v. T. L. O.
469 U.S. 325 (Supreme Court, 1985)
United States v. Lopez
514 U.S. 549 (Supreme Court, 1995)
Vernonia School District 47J v. Acton
515 U.S. 646 (Supreme Court, 1995)
United States v. Cynthia Edwards
498 F.2d 496 (Second Circuit, 1974)
Commonwealth v. Sell
470 A.2d 457 (Supreme Court of Pennsylvania, 1983)
Commonwealth v. Martin
626 A.2d 556 (Supreme Court of Pennsylvania, 1993)
Commonwealth v. White
669 A.2d 896 (Supreme Court of Pennsylvania, 1995)
Commonwealth v. DeJohn
403 A.2d 1283 (Supreme Court of Pennsylvania, 1979)
Commonwealth v. Cass
709 A.2d 350 (Supreme Court of Pennsylvania, 1998)
Commonwealth v. Tarbert
535 A.2d 1035 (Supreme Court of Pennsylvania, 1987)
Picha v. Wielgos
410 F. Supp. 1214 (N.D. Illinois, 1976)
Commonwealth v. Edmunds
586 A.2d 887 (Supreme Court of Pennsylvania, 1991)
Commonwealth v. Blouse
611 A.2d 1177 (Supreme Court of Pennsylvania, 1992)
Thompson v. Berry
451 U.S. 1021 (Supreme Court, 1981)

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726 A.2d 361, 555 Pa. 661, 1999 Pa. LEXIS 528, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-of-fb-pa-1999.