SA v. State

654 N.E.2d 791, 1995 WL 468627
CourtIndiana Court of Appeals
DecidedAugust 9, 1995
Docket49A04-9502-JV-47
StatusPublished
Cited by1 cases

This text of 654 N.E.2d 791 (SA v. State) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
SA v. State, 654 N.E.2d 791, 1995 WL 468627 (Ind. Ct. App. 1995).

Opinion

654 N.E.2d 791 (1995)

S.A., Appellant-Respondent,
v.
STATE of Indiana, Appellee-Petitioner.

No. 49A04-9502-JV-47.

Court of Appeals of Indiana.

August 9, 1995.
Transfer Denied October 11, 1995.

*793 Andrew W. Swain, Indianapolis, for appellant.

Pamela Carter, Attorney General of Indiana and Jody Kathryn Rowe, Deputy Attorney General, Indianapolis, for appellee.

OPINION

RILEY, Judge

STATEMENT OF THE CASE

Respondent-Appellant S A, a juvenile, appeals from a juvenile adjudication finding him to be a delinquent child for committing the act of theft, a Class D felony[1] if committed by an adult.

We affirm.

ISSUES

SA raises two issues which we re-state as follows:

1.Whether the juvenile court properly denied S.A.'s motion to suppress evidence *794 and any testimony regarding the evidence obtained in a warrantless search of SA.'s school locker and book bag.
2. Whether the juvenile court properly denied SA.'s motion to suppress his statements made during questioning by the school vice-principal and S.A.'s father.

FACTS AND PROCEDURAL HISTORY

Beginning in October of 1993, Howe High School experienced a rash of student locker break-ins, with the similar characteristic that the lockers were undamaged. During this time, the school's guidance director noticed that the master locker combination book was missing from her office. On February 9, 1994, D.N., a student at Howe, gave Officer Maurice Grooms of the Indianapolis Public School Police Department ("IPS PD"), the names of students he believed had stolen the school's locker combination book.

Based on this information, Officer Grooms obtained the locker numbers and combinations belonging to the students targeted by D.N. and searched these students' lockers, including S.A.'s. This search proved fruitless.

The following day, D.N. returned to Grooms' office and informed him that S.A. had the missing book in his blue book bag. Shortly thereafter, Grooms received another locker theft report. This prompted him to contact his assistant, Jerry Crawford, and instruct Crawford to remove S.A. from his regularly scheduled class and escort him to vice-principal Bruce Beck's office. Grooms further instructed Crawford to make sure that SA had his book bag with him.

S.A. did not have his book bag with him in class, so Crawford escorted him first to his locker to retrieve the bag and then to Beck's office. Upon arriving at the office, SA sat down and put the bag on the floor. After a few minutes, Grooms asked SA to step outside. After SA. left, Crawford told Grooms that while SA. was getting the bag from his locker, SA. put the missing book in the bag. At this time, Crawford reached into SA's book bag and pulled out the book.

Grooms then questioned S.A. as to whether he had school property. S.A. repeatedly denied any involvement. When S.A was confronted with the book, he said that he found it. Eventually, after S.A's father arrived, S.A admitted to taking the book and some jackets from student lockers.

A petition alleging delinquency was filed by the State on March 15,1994, alleging that S.A committed acts which would be crimes if committed by an adult, to-wit: two counts of theft as Class D felonies. S A. filed a motion to suppress in the juvenile court on July 13, 1994, and the court held a hearing on the motion that same day. Specifically, S.A sought to suppress all evidence and statements obtained as a result of the search of his school locker and book bag and the "un-Mirandized" questioning. On September 9, 1994, the juvenile court denied S.A's motion without making specific findings of fact or conclusions of law.

On October 21, 1994, S.A entered into a plea agreement wherein he pled guilty to one count of theft. After holding a hearing on the guilty plea, the court accepted the plea agreement and adjudicated S.A a delinquent child. He was sentenced to probation. S.A now appeals from the juvenile court's denial of his motion to suppress.

DISCUSSION AND DECISION

I. Search and Seizure

S.A. first contends that the trial court erred in denying his motion to suppress the combination book illegally seized from his book bag. Specifically, S.A argues that IPS PD Officer Grooms and his agent Jerry Crawford made an illegal warrantless search of his book bag and school locker.

The trial court has broad discretion in ruling on the admissibility of evidence. We will not disturb its decision absent a showing of an abuse of that discretion. Moore v. State (1994), IndApp., 637 N.E.2d 816, 818, trans, denied, cert denied Moore v. Indiana (1995), ___ U.S. ___, 115 S.Ct. 1132, 130 L.Ed.2d 1093.

Our State constitutional provision against unreasonable search and seizure provides as follows:

*795 The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable search or seizure, shall not be violated; and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or thing to be seized.

Article I, section 11, Ind. Const. The Indiana provision is virtually identical to the Fourth Amendment to the United States Constitution. Generally, a judicially issued search warrant is a condition precedent to a lawful search. Thompson v. Louisiana (1984), 469 U.S. 17,19-20,105 S.Ct. 409, 410-11, 83 L.Ed.2d 246; Johnson v. State (1993), Ind.App., 617 N.E.2d 559, 565. However, searches conducted by school officials in a school setting are subject to a less stringent standard.

The leading case governing searches conducted by public school officials is New Jersey v. T.L.O. (1985), 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720. In T.L.O., the Supreme Court announced that school officials are not merely in loco parentis, but rather they are state actors fulfilling state objectives. As such, the standard Fourth Amendment prohibition against unreasonable searches and seizures applies to searches conducted by these state actors. T.L.O., 469 U.S. at 336-37, 105 S.Ct. at 740. However, in balancing the privacy interests of school children against the need for teachers and administrators to maintain order in the public schools, the Court deviated from strict adherence to the probable cause and warrant requirements. Id. at 341, 105 S.Ct. at 742. Rather, the Court concluded that the legality of a student search by a school official will depend simply on the reasonableness of the search, under all of the circumstances. Id.

The Court adopted a two-prong test. First, the search must be justified at its inception. Under ordinary circumstances, a student search will be justified at its inception when there are reasonable grounds for suspecting that the search will turn up evidence that the student is or has violated either the law or a school rule. Second, the search must be reasonably related in scope to the circumstances which justified the initial interference.

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

Related

C.S. v. Couch
843 F. Supp. 2d 894 (N.D. Indiana, 2011)

Cite This Page — Counsel Stack

Bluebook (online)
654 N.E.2d 791, 1995 WL 468627, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sa-v-state-indctapp-1995.