R.D.L., A CHILD, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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The court held that the search of the student's locker was lawful and reasonable under the circumstances, justifying the denial of the motion to suppress.
A student was adjudicated delinquent for grand theft of school lunch tickets. The tickets were found in his locker after it was opened by school staff…
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LEHAN, Judge.
Appellant was adjudicated to be a delinquent child for having committed grand theft. We affirm.
Appellant, while a student at Cobb Middle School, was charged with having stolen school lunch tickets valued at over $3,000. He contends that the tickets, which were found from a search of his school locker, should have been suppressed as the fruits of an unlawful search. We conclude that the search was lawful because it was reasonable under all the circumstances. There were reasonable grounds for suspecting that the search would produce evi dence that he had been violating the law, and the scope of the search was reasonably related to the circumstances. See New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985); § 232.256, Pla.Stat. (1985).
Appellant was suspected of having stolen a clock from a school office. Witnesses placed him in the office during the time period in which the clock was stolen. He had been seen with a pot of honey which was concealed in his clothing and which had been on the top of the teachers’ microwave oven. The tickets fell out of his locker when it was opened by defendant at the direction of the Assistant Principal.
Affirmed.
DANAHY, C.J., and HALL, J., concur.
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T.J. v. State, 538 So. 2d 1320 (Fla. 2d DCA 1989)…y the Fourth Amendment when the school official examined the plastic bag in a side pocket which clearly contained no weapon. This is not a case in which the drugs were immediately visible during the initial phase of the search. See R.D.L. v. State, 499 So. 2d 31 (Fla. 2d DCA 1986). Likewise, this is not a case in which reasonable suspicion for a drug search developed during the search for a weapon. T.L.O. These drugs were discovered during a search extended by simple curiosity rather than suspicion. The sc…
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- New Jersey v. T. L. O., 469 U.S. 325 (U.S. 1985)