State v. JM
162 Wash. App. 27
| Wash. Ct. App. | 2011Background
- SRO Fry, a Bellevue Police Department officer, was on duty at Robinswood High School when he observed J.M. holding what appeared to be marijuana near a backpack and detected marijuana odor.
- Fry seized the marijuana, a vial, and the backpack, handcuffed J.M., and took him to the dean of students.
- Fry attempted to search J.M.'s locked backpack; he opened it enough to retrieve a few items and later used a key to open the backpack, finding an air pistol.
- J.M. was charged with carrying a dangerous weapon at school and possession of less than 40 grams of marijuana; suppression motion was denied; adjudication occurred on stipulated facts.
- The court addressed whether Fry, during a school-related encounter, was a “school official” and whether the search was justified under a reasonable grounds standard rather than probable cause; court held Fry was a school official and the search was constitutional under reasonable grounds.
- Two McKinnon factors supported reasonableness: recognized prevalence of drugs at the school and the reliability/ probative value of Fry’s observation; absence of explicit age/history/exigent circumstances did not render the search unconstitutional.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Fry was a school official for the school search exception | J.M. argues Fry was not a school official | State argues Fry acted as a school official | Yes; Fry acted as a school official. |
| Whether there were reasonable grounds to search J.M.'s backpack | J.M. contends no exigent circumstances and lack of grounds | State argues observed marijuana and locked backpack created reasonable grounds | Yes; search supported by reasonable grounds. |
Key Cases Cited
- New Jersey v. T.L.O., 469 U.S. 325 (U.S. Supreme Court 1985) (established school search exception and standard)
- State v. Slattery, 56 Wash. App. 820 (Wash. Ct. App. 1990) (reasonable grounds analysis for school searches; exigency not always required)
- State v. B.A.S., 103 Wash. App. 549 (Wash. Ct. App. 2000) (limited by nexus between policy violation and contraband)
- State v. McKinnon, 88 Wash.2d 75 (Wash. 1977) (school official with reasonable grounds may search without probable cause)
- State v. Brooks, 43 Wash. App. 560 (Wash. Ct. App. 1986) (McKinnon factors used to assess reasonableness)
- People v. Dilworth, 169 Ill. 2d 195 (Ill. 1996) (reasonable suspicion standard for school officials} ,{)