Hector v. City of Fargo
2012 ND 80
| N.D. | 2012Background
- Alaniz was observed with another student engaging in suspicious behavior near a high school by a school security guard and a school resource officer (Vanyo).
- Vanyo, a Grand Forks Police Department officer assigned full-time to the high school, investigated after Rupert reported suspicious activity and smelled a “funny” odor near the students.
- Alaniz was detained by the principal after being questioned by school officials, and Vanyo directed him to empty his pockets, revealing a glass pipe and synthetic marijuana.
- Alaniz was charged with possession of a controlled substance and possession of drug paraphernalia; he moved to suppress the evidence on Fourth Amendment grounds and Miranda grounds.
- The district court denied the suppression motion, ruling the school-official exception to the probable cause requirement applied and that the search was reasonable.
- Alaniz conditional-pled guilty and reserved the right to appeal the suppression ruling; the district court’s decision is reviewed de novo for legal standards and with deferential factual review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether school-official exception applies given police involvement off campus. | Alaniz argues outside police involvement means not a school-official search. | State contends Vanyo acted as a school official within program and school context. | Reasonableness standard applies; search deemed reasonable. |
| Whether the search was reasonable under T.L.O. standards. | Alaniz contends lack of probable cause and improper scope. | Vanyo's actions fit within reasonable suspicion and scope reasonable for school setting. | Search justified at inception and reasonably related in scope. |
Key Cases Cited
- New Jersey v. T.L.O., 469 U.S. 325 (U.S. 1985) (permits reasonable standard for school searches not requiring probable cause)
- Safford Unified Sch. Dist. No. 1 v. Redding, 129 S. Ct. 2633 (U.S. 2009) (clarifies reasonable grounds and scope for school searches)
- F.P. v. State, 528 So.2d 1253 (Fla. Dist. Ct. App. 1988) (example of a police-behest scenario limiting school exception)
- D.L.D., 694 S.E.2d 395 (Ga. Ct. App. 2010) (school resource officer collaboration with principal supports reasonableness standard)