In re K.J.
A147478
| Cal. Ct. App. | Jan 3, 2018Background
- A student tipster anonymously texted the vice principal that a student was "with a loaded gun" on the Yeto campus; the tipster later told the vice principal she received a Snapchat video showing a student displaying a gun.
- School administrators identified two students matching the description (gender, race, dreadlocks, former Fairfield High student); the tipster identified K.J. when given names.
- A campus resource officer (Officer Gulian) summoned backup and directed the principal to remove K.J. from class; K.J. was escorted out, handcuffed, had his backpack taken, and was searched.
- Officers found a magazine with seven rounds in K.J.’s pocket and a 9mm semi-automatic in his shorts under his jeans.
- Juvenile court denied K.J.’s suppression motion and sustained the petition charging weapons offenses; K.J. appealed alleging detention and search lacked reasonable suspicion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Lawfulness of detention on school grounds | School/People: detention by campus resource officer and backup was lawful under school-authority standard (not arbitrary or capricious) | K.J.: detention by police (including non-campus backup) required higher Fourth Amendment standard; detention and handcuffing were unlawful without reasonable suspicion | Court: detention lawful under Randy G. framework applied to campus resource officers and backup; removal from class and handcuffing reasonable given safety threat |
| Standard applicable to officers assisting campus resource officer | School: campus resource officer and assisting officers are "school officials" for Fourth Amendment analysis; Randy G. arbitrary/capricious test applies | K.J.: backup officer’s non-school assignment means police standards (probable cause or reasonable suspicion) should control | Court: decline to distinguish based on hiring source; focus on function and school’s special needs—school standard applies to resource officer and assistants |
| Lawfulness of search of person and effects | School: search justified at inception—anonymous tip corroborated by description, video identification, and extreme danger posed by firearm on campus | K.J.: anonymous tip lacked indicia of reliability (relies on Florida v. J.L.) and officers hadn’t viewed the video before search, so reasonable suspicion lacking | Court: search lawful—tip supplied enough indicia (student tipster, video, description/identification) and, in any event, the extraordinary danger of a firearm at school justified the search |
Key Cases Cited
- In re Randy G., 26 Cal.4th 556 (school detentions permissible if not arbitrary or capricious)
- In re William G., 40 Cal.3d 550 (public schools must respect students’ Fourth Amendment rights; balance with school duties)
- New Jersey v. T.L.O., 469 U.S. 325 (school searches reasonable under a reasonable-suspicion standard tailored to school context)
- Florida v. J.L., 529 U.S. 266 (anonymous tip describing a gun lacks sufficient reliability for stop absent corroboration)
- In re William V., 111 Cal.App.4th 1464 (police assigned as campus resource officers are treated as school officials for Fourth Amendment purposes)
- Vernonia School Dist. 47J v. Acton, 515 U.S. 646 (school special needs justify particular Fourth Amendment balancing)