by Bernie James • • Comments Off on Safety Law News for July 7, 2016
In California, the state court of appeal has ruled that school administrators had authority to seize and searched a student cell phone based on the student’s suspected involvement in an incident in which a firearm was discovered on campus. The phone contained digital images of the student holding the firearm. [In re Rafael C.].
In Iowa, the state supreme Court ruled that the search of a high school student’s football equipment bag by a school official did not violate the constitutional limitations on searches and seizures under Federal and state law. The bag, left behind when the student-athlete was injured during a game, contained a long-barreled handgun along with a bag which appeared to contain marijuana, rolling papers, and other drug paraphernalia. [State v. Lindsey].
In Maryland, the court of appeals ruled against school officials who searched a student after he was found in possession of a validly prescribed medication. The court ruled that even though the student violated school rules by failing to give the medicine to the school nurse, such a violation did not support an inference or suspicion that the student possessed additional medication or contraband. [In re Kavon P.].
In California, the court of appeal upheld the practice of a local school to conduct a random search of classrooms from time-to-time. The school had a policy that school personnel would randomly select one classroom to search each day for weapons and drugs. A student was found with a knife in his folder. [In re R.H.].