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LA4: Search of student's shoes for smoking in the boy's room was excessive under T.L.O.

By John Wesley Hall, Jr.

Defendant was charged with smoking in the boy’s room, and a school police officer searched his shoes finding a small quantity of drugs and marijuana. Searching the shoes was not shown to be reasonable under T.L.O. for the infraction under investigation, and the state failed in its burden of proof of showing the search of shoes reasonable for tobacco. State v. Taylor, 2010 La. App. LEXIS 1365 (4th Cir. October 13, 2010).* Defendant was not seized by officers who walked up in a nonthreatening manner where one said “‘Hey, what’s up’ or ‘Hey, what’s going on.’” He dropped (abandoned) a bag of drugs. State v. Stokes, 2010 La. App. LEXIS 1380 (5th Cir. October 12, 2010).* A CI gave information that a specifically described man was working a street corner selling drugs...continue to full post

Full post as published by Fourth Amendment on October 16, 2010 (boomark / email).