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WA: Exigency under school search exception is different

By John Wesley Hall, Jr.

Defendant juvenile didn’t come home the night before, and he was reported as a runaway. The school resource police officer found him and another asleep in a car on the high school parking lot. A knife was seen in the back seat, and the school had a no tolerance police for weapons on school grounds. The owner of the car also consented to a search of the car. Defendant’s claim of a need for exigent circumstances under T.L.O. is different than in general. State v. Brown, 2010 Wash. App. LEXIS 2300 (October 12, 2010): An emergency under the school search exception is not the same as the exigent circumstances exception to the general requirement for a warrant. See Slattery, 56 Wn. App. at 823 (listing exceptions separately). An exigency under the school search exception is any threat to the order and discipline of a school...continue to full post

Full post as published by Fourth Amendment on October 23, 2010 (boomark / email).