People v. K.J. (In re K.J.)

227 Cal. Rptr. 3d 380, 18 Cal. App. 5th 1123
CourtCalifornia Court of Appeal, 5th District
DecidedJanuary 3, 2018
DocketA147478
StatusPublished
Cited by2 cases

This text of 227 Cal. Rptr. 3d 380 (People v. K.J. (In re K.J.)) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. K.J. (In re K.J.), 227 Cal. Rptr. 3d 380, 18 Cal. App. 5th 1123 (Cal. Ct. App. 2018).

Opinion

Following a combined motion to suppress evidence and jurisdictional hearing, the juvenile court sustained a petition alleging appellant possessed a weapon on school grounds. On appeal, K.J. contends his motion to suppress should have been granted because he was detained and searched without reasonable suspicion. We disagree and affirm the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

The Solano County District Attorney petitioned to have appellant declared a ward of the court after appellant was found to be carrying a loaded weapon at school.1 Appellant filed a motion under Welfare and Institutions Code section 700.1 to suppress evidence related to search and seizure, including the handgun, ammunition, and statements he made at the time of the search.

*1127At the hearing on appellant's motion, William Cushman, the assistant principal of Fairfield High School, testified that at approximately 1:30 p.m. on December 17, 2015, he received a text message from a student, alerting him that a student with a gun was at school. Vice Principal Cushman knew the identity of the student who contacted him, but declined to reveal her identity due to the student's fear of retaliation. Consequently, the parties stipulated that the student would be treated as an anonymous tipster.

The actual text read: " 'IDK if school is out RN, but there's a guy with a loaded gun at Yeto.' " "Yeto" referred to Sam Yeto High School a "credit recovery school" located on the Fairfield High campus. Vice Principal Cushman interpreted the text as stating, "I don't know if school out right now, but there's a kid with a loaded gun on Yeto campus."

After advising his secretary to call the police, Vice Principal Cushman immediately went to the Yeto campus, to report the message to that school's principal, Sherry McCormick. Shortly after he arrived at Yeto, Vice Principal Cushman was met by Fairfield Police Officer, Paula Gulian, the campus resource officer for Fairfield High.

Officer Gulian testified that she received a report from Vice Principal Cushman that a male student had a gun at the Yeto campus. As per police protocol, Officer Gulian called for a backup officer. In the meantime, Officer Gulian told Vice Principal Cushman to contact the student tipster for more information. At approximately 1:40 p.m., Vice Principal Cushman called the student tipster. The student seemed "anxious" and "surprised" to receive a call from Vice Principal Cushman, but she responded to his questions. The student told Vice Principal Cushman that she had received a message via the social media application, SnapChat, with a video showing a student, sitting in a classroom, displaying a gun and a magazine clip.

*384At approximately 1:42 p.m., Vice Principal Cushman saw the video. He believed, but was not certain, that he saw the video before the police went to talk with appellant in his classroom. Even without the video, Vice Principal Cushman felt "sure" that they "had the right person based on the description" he received from the student tipster. That description provided the suspect's gender, race, hair style. The student tipster said she knew who the suspect was, but did not know his name. The student tipster also said that the suspect wore dread locks and previously attended Fairfield High.

Officer Gulian testified that based on the information provided by the student tipster, Vice Principal Cushman and Principal McCormick came up with the names of two students who fit the description. When Vice Principal Cushman gave the names of the suspects to the student tipster, she identified *1128appellant as the student in the video. Once Officer Quinn arrived as backup, he, along with Officer Gulian and Principal McCormick, went to appellant's classroom. Officer Gulian testified that she had not viewed the SnapChat video before going to appellant's classroom. Officer Gulian directed Principal McCormick to escort appellant from the classroom. When the principal and appellant emerged from the classroom, Officer Gulian removed appellant's backpack and handcuffed him.

Officer Gulian's search of appellant's person uncovered a bullet magazine in the left front pocket of his jeans; Officer Quinn found a nine millimeter Taurus semi-automatic in the shorts appellant was wearing under his jeans. The firearm was not loaded, but the magazine contained seven rounds of ammunition.

II. DISCUSSION

Appellant contends that the detention and search violated his Fourth Amendment right to be free from unreasonable search and seizure because Officer Gulian did not have reasonable suspicion that criminal activity was afoot or that he was armed and dangerous.

A. Legal Standards Governing Searches and Seizures on School Premises

The Fourth Amendment protects students on a public school campus against unreasonable searches and seizures. ( In re Randy G. (2001) 26 Cal.4th 556, 567, 110 Cal.Rptr.2d 516, 28 P.3d 239 ( Randy G. ); In re William G. (1985) 40 Cal.3d 550, 561, 221 Cal.Rptr. 118, 709 P.2d 1287 ( William G. ); In re Sean A. (2010) 191 Cal.App.4th 182, 186, 120 Cal.Rptr.3d 72 ( Sean A. ).) "A search of a child's person or of a closed purse or other bag carried on her person, no less than a similar search carried out on an adult, is undoubtedly a severe violation of subjective expectations of privacy." ( New Jersey v. T.L.O. (1985) 469 U.S. 325, 337-338, 105 S.Ct. 733, 83 L.Ed.2d 720, fn. omitted ( T.L.O. ).) It is well settled that the actions of public school officials are "subject to the limits placed on state action by the Fourteenth Amendment." ( T.L.O., supra, 469 U.S. at p.

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

Related

In the Interest of C.C-S.
Colorado Court of Appeals, 2021

Cite This Page — Counsel Stack

Bluebook (online)
227 Cal. Rptr. 3d 380, 18 Cal. App. 5th 1123, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-kj-in-re-kj-calctapp5d-2018.