263 P.3d 1046
Or. Ct. App.2011Background
- Juvenile charged with possession of a controlled substance based on a warrantless search at school.
- High school teacher and two disciplinarians, with a uniformed officer, observed and participated in a pocket search.
- Youth removed a small container from his sleeve containing methadone; evidence obtained at school is at issue.
- State sought to admit evidence under an administrative search policy, not police probable-cause notions.
- Juvenile court suppressed the evidence, citing M. A. D. and absence of warrant exception.
- State appeals, arguing the search was permissible as an administrative search or under the M. A. D. school-safety exception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the search fell within the administrative search exception | Murdoch’s search pursuant to district policy; policy aims health, safety; no discretion applied | Policy uses reasonable suspicion; M.A.D. may apply; search lawful under school context | No; administrative search exception rejected; M.A.D. applies instead |
| Whether M. A. D. provides a warrant-exception in school searches | M.A.D. created a safe-exception allowing reasonable suspicion searches | M.A.D. authorizes warrantless searches when specific, articulable threat exists | Yes; M.A.D. applies and supports reversal |
| Whether the evidence suppression was proper under M.A.D. framework | Search produced immediate safety threat; reasonable suspicion supported | School context justifies exception to warrant requirement; needs specifics | Evidence should not have been suppressed |
Key Cases Cited
- State ex rel Juv. Dept. v. M. A. D., 348 Or 381 (2010) (school-context exception to warrant requirement; reasonable suspicion allowed)
- M. A. D. (226 Or App 21, rev’d 348 Or 381), 226 Or App 21 (2009) (prior appellate ruling on school searches later reversed)
- AFSCME Local 2623 v. Dept. of Corrections, 315 Or 74 (1992) (reasonable-suspicion administrative rules can rein in discretion but limited scope)
- State v. Bates, 304 Or 519 (1987) (officer-safety considerations in searches; protective authority)
- State v. Anderson, 304 Or 139 (1987) (general framework for warrantless searches exceptions and policy)
- State v. Atkinson, 298 Or 1 (1984) (no-discretion criteria for administrative search policy)