In re T.A.S.

213 N.C. App. 273
CourtCourt of Appeals of North Carolina
DecidedJuly 19, 2011
DocketNo. COA10-275
StatusPublished

This text of 213 N.C. App. 273 (In re T.A.S.) 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 T.A.S., 213 N.C. App. 273 (N.C. Ct. App. 2011).

Opinions

BEASLEY, Judge.

T.A.S.1 appeals the trial court’s order denying her motion to suppress evidence obtained during a school-wide student search at the [274]*274Brunswick County Academy (Academy) that extended from the students’ personal effects and jackets to their pockets, shoes, and socks and finally beneath the girls’ outer clothing. Following the trial court’s ruling, T.A.S. admitted to the offenses while “preserving her right to appeal the denial of her motion to suppress.” Where the blanket search of the entire school lacked any individualized suspicion as to which students were responsible for the alleged infraction or any particularized reason to believe the contraband sought presented an imminent threat to school safety, the search of T.A.S.’s bra was constitutionally unreasonable and we reverse the trial court’s order denying her suppression motion.

I. Background

Charged with possession of a Schedule III substance and drug paraphernalia, T.A.S. filed a motion to suppress, which was heard on 20 February 2009. Sandra Robinson, the Academy’s principal and the State’s only witness, testified that the Academy is an alternative school in the Brunswick County School System. Many of its students are assigned there because of disciplinary infractions at traditional schools, including behavioral problems and substance abuse or weapons violations on campus. While T.A.S. was a student at the Academy in November 2008, the record does not indicate the basis for her attendance.

To enter the Academy, students must pass through a metal detector, at which time their book bags, purses, and coats are also searched. More thorough searches of their persons are frequently conducted, sometimes in response to information from other students but regularly without any “leads.” On 5 November 2008, one of these more extensive searches was ordered after Ms. Robinson was informed by other students that pills of a type that “would cause kids to be unsafe” were currently coming into the school but had no further clues as to their nature or which students were responsible. The only details learned by administrators were that some of these students were hiding the pills in places not normally searched when they came through the metal detectors, like shoe tongues, socks, bras, and underwear.

After passing through the metal detectors that morning, all students were required to wait in the lunchroom to be brought one-by-one to a classroom to be searched, where they emptied their book bags, had their jackets thoroughly searched, removed their shoes, and emptied their pockets. A staff member whose sex is not specified in the record conducted the searches and patted down the students’ [275]*275socks. The girls were required to perform a “bra lift,” where they “pull their shirts out,” “shake them,” and “go underneath themselves with their thumb in the middle of their bra [to] pull it out.”2 Other administrators and a resource officer, whose sexes are likewise unspecified, were also in the room, and a male law enforcement officer was present throughout — apparently regardless of the sex of the student being searched — solely to observe. During T.A.S.’s search, a white powder identified as Percocet and drug paraphernalia were found.

The trial court found “[t]here was no specific information regarding a particular student” and that a general search was nevertheless conducted “without any reasonable suspicion as to a particular student.” Nevertheless, it concluded that the search was reasonable under the circumstances based on companion findings that many Academy students are there because “of school policy violations regarding drugs and weapons”; pills, often prescribed to someone else, are. found at the Academy two to three times every nine weeks; there is a “no penalty disclosure” policy in place during these searches; “[generalized searches for weapons have been upheld because of special circumstances that permitted requiring male students to take off shoes, socks and empty pockets because of reports of weapons at school”; and “[n]o private parts were exposed” during the instant search. The trial court thus denied TAS.’s motion. We conclude, however, that at the point the Academy required T.A.S. to pull out her bra in searching her person for evidence of pills of an unknown nature and quantity, “the content of the suspicion failed to match the degree of intrusion,” Safford Unified Sch. Dist. #1 v. Redding, -U.S. -, -, 174 L. Ed. 2d 354, 359 (2009), and the search was accordingly unreasonable.

II. Discussion

Where T.A.S. does not challenge any of the trial court’s findings of fact in its order denying her motion to suppress, we must decide whether the findings support its conclusions of law, which we review de novo. “Under this standard, the legal significance of the findings of fact made by the trial comb is a question of law for this Court to decide.” In re J.D.B., 196 N.C. App. 234, 237, 674 S.E.2d 795, 798 (2009).

T.A.S. contends the intrusive search by school authorities violated her Fourth Amendment rights. We agree.

[276]*276We begin by reviewing the United States Supreme Court’s treatment of public school searches under the Fourth Amendment — from articulating a special standard twenty-five years ago to its recent decision applying the established framework to more intrusive searches.

A. The Fourth Amendment and Student Searches

The Fourth Amendment functions “to safeguard the privacy and security of individuals against arbitrary invasions by government officials.” Camara v. Mun. Court, 387 U.S. 523, 528, 18 L. Ed. 2d 930, 935 (1967). While its prohibition against unreasonable searches and seizures generally requires a warrant based on probable cause, see U.S. Const, amend. IV, exceptions to the warrant requirement have surfaced, but such warrantless searches usually still require probable cause, see New Jersey v. T.L.O., 469 U.S. 325, 340, 83 L. Ed. 2d 720, 734 (1985) (“Ordinarily, a search — even one that may permissibly be carried out without a warrant — must be based upon ‘probable cause’ to believe that a violation of the law has occurred.”). The Court, however, has carved out other exceptions that dispense with both the warrant and probable cause requirements. See Vernonia Sch. Dist. 47J v. Acton, 515 U.S. 646, 652-53, 132 L. Ed. 2d 564, 574 (1995) (noting “the ultimate measure of the constitutionality of a governmental search” is reasonableness, which is not always dependent upon a warrant and probable cause if “ ‘special needs, beyond the normal need for law enforcement, make the warrant and probable-cause requirement impracticable’ ”). Reasonableness thus “depends on the context within which a search takes place,” and while probable cause and a warrant may render a search reasonable, certain limited circumstances require neither. T.L.O., 469 U.S. at 337, 340, 83 L. Ed. 2d at 731, 734. Public schools are one context where balancing government against private interests “suggests that the public interest is best served by a Fourth Amendment standard of reasonableness that stops short of probable cause.” Id. at 341, 83 L. Ed.

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213 N.C. App. 273, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-tas-ncctapp-2011.