SC v. State

583 So. 2d 188, 1991 Miss. LEXIS 387, 1991 WL 113109
CourtMississippi Supreme Court
DecidedJune 19, 1991
Docket90-CA-0621
StatusPublished

This text of 583 So. 2d 188 (SC v. State) is published on Counsel Stack Legal Research, covering Mississippi Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
SC v. State, 583 So. 2d 188, 1991 Miss. LEXIS 387, 1991 WL 113109 (Mich. 1991).

Opinion

583 So.2d 188 (1991)

In the Interest of S.C.[1]
v.
STATE of Mississippi.

No. 90-CA-0621.

Supreme Court of Mississippi.

June 19, 1991.

Joe Sam Owen, Gulfport, for appellant.

Woodrow W. Pringle, III, Gulfport, for appellee.

Before HAWKINS, P.J., and ROBERTSON and SULLIVAN, JJ.

*189 ROBERTSON, Justice, for the court:

I.

This appeal charges that we consider whether and under what circumstances our Constitution allows public school officials to search a student's locker. The case arises in an ugly setting, all too familiar today, but still one that should not occur: a high school student has a gun at school.

We affirm the delinquency adjudication below and hold en route public school officials have authority to search a student's locker without a warrant so long as they otherwise have reasonable grounds therefor.

II.

S.C. was born on August 22, 1973, and lives with his grandparents in Long Beach, Mississippi. S.C.'s mother is in the Navy. He does not know his father. For some four years prior to the Spring of 1990, S.C. had been with his mother in Norfolk, Virginia, where she was based. That spring S.C.'s mother went to sea, and he came to Long Beach to stay with his grandparents. He enrolled in the eleventh grade in Long Beach High School.

S.C. arrived at school on the morning of April 20, his third day in Long Beach. He saw a student named Derek Laster and offered to sell Laster two handguns, but Laster declined. At about noon, Laster reported this to an assistant principal, who asked that he inquire whether S.C. had the guns on the campus. Laster sought out S.C. and asked if he had the guns at school, and S.C. replied, "Yes." Laster then reported this to the assistant principal.

The assistant principal then contacted a colleague, and the two obtained S.C.'s locker number and went to the locker, only to find it securely locked. The two assistant principals then went to the classroom where S.C. was a student and asked him to step outside and return to the locker. They asked S.C. if he would open the locker with his key, and he complied. They found a black bag hanging in the locker. One of the assistant principals picked up the bag, unzipped it, and removed the two guns.

S.C. was then taken to the school office, and school officials called his grandparents and the police. The present proceedings followed. In the end, the Harrison County Family Court adjudged that S.C. is a delinquent child. Miss. Code Ann. §§ 43-21-105(i) and (j) and 97-37-1 and -17 (1972). The Court ordered S.C. delivered to the custody of the Department of Human Services for transfer to the Juvenile Training School at Oakley.

III.

The Family Court may not adjudge a child delinquent until the prosecution has proved each and every element of the offense beyond a reasonable doubt. Miss. Code Ann. § 43-21-561(1) (1972); In re Winship, 397 U.S. 358, 90 S.Ct. 1068, 25 L.Ed.2d 368 (1970). See also, In re S.B. v. State, 566 So.2d 1276, 1278 (Miss. 1990); In re W.B., 515 So.2d 1175, 1176 (Miss. 1987); In re Pettit v. State, 351 So.2d 1353, 1356 (Miss. 1977); In re Napp, 273 So.2d 502, 503 (Miss. 1973). Our normal scope of review obtains, albeit the Family Court sits without a jury, and we may not reverse if there is substantial credible evidence in the record from which the Court could have found beyond a reasonable doubt that S.C. is a delinquent child. In the Interest of T.L.C. v. Washington County Dept. of Human Services, 566 So.2d 691, 701 (Miss. 1990); Collins v. Lowndes County Public Welfare Department, 555 So.2d 71, 72 (Miss. 1989).

There is no question but that on the afternoon of April 20, two assistant principals at the Long Beach High School escorted S.C. to his hall locker and opened it and found a black bag containing two handguns. These facts implicate Miss. Code Ann. § 97-37-17 (1972), which declares it unlawful for "a student of any ... school" to

carry, bring, receive, own, or have on the ... school grounds, ... any weapon the carrying of which concealed is prohibited, ... .

Miss. Code Ann. § 97-37-1 (1972) lists the weapons, the carrying of which concealed *190 is prohibited, and includes a "pistol, revolver ... or any fully automatic firearm or deadly weapon... ." A child's violation of the statute subjects him to adjudication of delinquency. Miss. Code Ann. §§ 43-21-105(i) and (j) (1972).

S.C. challenges the finding that the two guns were weapons proscribed by the statute. We do not take the point seriously. A photograph in the record certainly makes them appear conventional and lethal handguns. The Family Court personally inspected the guns and found them a .32 caliber revolver and the other a .22 caliber revolver, respectively. Whether an object is a deadly weapon is a question for the fact-finder. Davis v. State, 530 So.2d 694, 700 (Miss. 1988); Duckworth v. State, 477 So.2d 935, 938 (Miss. 1985). On this record, the Court's finding that they were weapons and, specifically, revolvers within Section 97-37-1 is beyond our authority to disturb.

S.C. has made a rather feeble effort to deny that the guns were his. His first story was that, on the morning in question, a "white dude" had asked him to keep the bag in his locker and that S.C. had agreed to do this, not knowing what was in the bag. He was offered the opportunity to identify this white student in the high school annual but to no avail. S.C. was then allowed to peruse the school halls and grounds in search of this student but never found him.

This story persuading no one, S.C. then claimed that the bag had originally been his, that he had brought it to school with a hat, some deodorant and cologne in it, and had sold it to a Vietnamese student for five dollars. Later that day, S.C. said the Vietnamese student asked him to keep the bag in his locker and S.C. agreed, having no idea that the Vietnamese boy had put the two pistols in it.

The evidence reflects that S.C. had exclusive possession of the locker and that he kept it under lock and key. The guns were found in the locker. This is sufficient to show that S.C. had the guns "on the ... school grounds." The Family Court was within its prerogative in rejecting S.C.'s assorted stories, first, that a "white dude" had given him the bag (in which the guns were concealed), and, second, that a Vietnamese student had asked him to keep the bag. All of this is particularly true in light of the very credible testimony of fellow student Derek Laster.

IV.

A.

S.C. next challenges the search of his locker. He argues that the school officials had no authority to enter his locker without a search warrant and, furthermore, that they lacked probable cause sufficient to obtain a warrant or to conduct the search. Beyond this, he argues that the circumstances were not sufficiently exigent that a warrantless search was justified.

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Bluebook (online)
583 So. 2d 188, 1991 Miss. LEXIS 387, 1991 WL 113109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sc-v-state-miss-1991.