In the Interest of Doe

887 P.2d 645, 77 Haw. 435, 1994 Haw. LEXIS 98
Hawaii Supreme Court·Decided December 16, 1994·No. 17417·Published·Cited by 22 cases

Opinions

MOON, Chief Justice.

Minor-appellant Jane Doe (Minor), appeals from the family court’s order denying her motion for reconsideration of the family court’s order determining Minor a “law violator”1 for promoting a detrimental drug in the third degree. Minor, a high school student, was discovered concealing a bag of marijuana in her purse. Contending that the search of her purse by the school principal was unlawful, Minor moved to suppress the incriminating evidence. The family court determined that the search was “reasonable” and denied Minor’s motion to suppress. Minor moved for reconsideration of the court’s ruling, which was also denied.

We explicitly adopt the standards set out in the United States Supreme Court’s decision in New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985), and hold that: (1) children in school have legitimate expectations of privacy that are protected by article I, section 7 of the Hawaii Constitution and the fourth amendment to the United States Constitution; (2) public school officials act as representatives of government and, consequently, must comply with article I, section 7 of the Hawaii Constitution and the fourth amendment to the United States Constitution; (3) because the warrant requirement is particularly unsuited to the school environment, in that requiring a teacher to obtain a warrant before searching [437]*437a child suspected of an infraction of the school rules or of the criminal law would unduly interfere with the maintenance of the swift and informal disciplinary procedures needed in the schools, public school officials do not need search warrants or probable cause to search or seize evidence from students under their authority; (4) searches or seizures in the school context must be reasonable under all the circumstances and must be (a) justified at their inception and (b) reasonably related in scope to the circumstances which justified the interference in the first place.

Because it was reasonable for the principal in this ease to suspect that Minor had violated the law arid that the incriminating evidence would be found in Minor’s purse, we conclude that the search was lawfully conducted; accordingly, we affirm.

I. BACKGROUND

On October 16, 1992, pursuant, to HRS § 571-11(1) (1985), the State filed a petition in the family court alleging that:

[0]n or about the 8th day of September, 1992, in the County of Kauai, State of Hawaii, [Minor] did knowingly possess marijuana, thereby committing the offense of Promoting a Detrimental Drug in the Third Degree in violation of Section 712-1249 of the Hawaii Revised Statutes.

Prior to the adjudication hearing on the petition, Minor filed a motion to suppress the admission of the bag of marijuana found in her purse as evidence. For purposes of the motion, Minor and the State stipulated to the following facts.

Minor is a student at Kapa’a High School (high school) in the County of Kaua'i. Kapa'a Elementary and Intermediate Schools are located within the high school campus. On September 8, 1992, at approximately 9:10 a.m., the vice-principal of the intermediate school observed two of his students heading off campus. School was in session that day; school hours are from 7:45 a.m. to 2:80 p.m. During these hours, no student may leave campus without authorization. The two students, who were not authorized to leave campus, were headed in the direction of the “Tunnel.”

The “Tunnel” is a specific area of a culvert system located across the street from the high school. It is approximately six feet in diameter and several hundred feet in length. Within the Kapa'a school community, the “Tunnel” is known to be an area where students congregate to smoke tobacco cigarettes and marijuana.

The vice-principal promptly called the campus security guard for assistance, and they pursued the students. As the two men approached the “Tunnel,” they detected the odor of burning marijuana emanating from a grate that is part of the “Tunnel.” They also observed four students congregating near the grate, but could not specifically identify them at that point. No one else was in the “Tunnel.”

The security guard proceeded to the end of the “Tunnel” and ordered the students to exit. Four students exited: the two intermediate school students, Minor, and another high school student. Minor and the other high school student were each carrying a purse. The two intermediate school students carried nothing in their hands. All four students were determined truant.

The vice-principal took custody of the two intermediate school students, and the security guard took custody of Minor and the other high school student and brought them to the high school principal’s office. The principal, who was familiar with the reputation of the “Tunnel,” was informed that the students had been found there and that the odor of burning marijuana had been detected.

The principal then asked the two students to empty their pockets and purses. When Minor emptied her purse, a small bag of marijuana was discovered. The principal summoned the police, who confiscated the evidence.

The above stipulated facts were adopted as findings of fact (FOF). The court also made one additional FOF: “At least one of the students was in possession of and smoking marijuana.” FOF No. 26.

In denying Minor’s motion to suppress, the court concluded:

[438]*4381. It was reasonable for [the principal] to’ suspect that the minor was involved in the possession of and smoking of marijuana.
2. It was reasonable for [the principal] to suspect that the minor may be carrying marijuana in her purse.
3. The search of the minor’s purse was reasonable in view of the minor’s presence with the three other students in an off-limits secluded area where at least one of the students was possessing and smoking marijuana, the likelihood that more marijuana was in the possession of at least one of the students, the students would be in contact with other students whose grades ranged from Kindergarten to 12, and the search was not excessively intrusive.

Accordingly, on June 30, 1993, the court entered a “decree” adjudicating Minor a law violator within the purview of HRS § 571-11(1) for having committed the offense of promoting a detrimental drug in the third degree, in violation of HRS § 712-1249. The court “ordered, adjudged, and decreed” that Minor be placed on probation until further order of the court, subject to the “rules of probation” and several special conditions, which conditions are not on appeal. Minor filed a “motion for reconsideration of the facts involved,” which the court denied, and this timely appeal followed.

II.STANDARD OF REVIEW

On appeal, the trial court’s findings of fact are reviewed under the “clearly erroneous” standard.

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In the Interest of Doe, 887 P.2d 645, 77 Haw. 435, 1994 Haw. LEXIS 98 (haw 1994).

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