STATE OF FLORIDA, APPELLANT,
v.
PAUL WHORLEY, APPELLEE
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The State appealed a trial court order suppressing narcotics found during a search of a high school student. The court reversed, holding that the assistant principal had reasonable suspicion to search the student based on a specific tip from a female student that he possessed illegal drugs, and the search's scope was appropriately limited.
The court held that reasonable suspicion is the appropriate standard for school searches, the specific tip from the female student naming Whorley and identifying the drug provided reasonable suspicion to justify the search, the presence of the school resource officer did not elevate the standard to probable cause, and the scope of the search was reasonably related to its justification.
[1] School searches of students require only reasonable suspicion, not probable cause.
[2] A school resource officer's participation in a search initiated by school employees does not elevate the required standard from reasonable suspicion to probable cause.
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Join FLexlaw to unlock all legal intelligence“the appropriate standard in school searches such as this is reasonable suspicion”
Establishes that school searches do not require probable cause but rather reasonable suspicion, citing precedent
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Join FLexlaw to unlock all legal intelligencePaul Whorley was a student at Pasco High School. During the school day, Assistant Principal Dr. Forbes was told by two female students that Whorley po…
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CAMPBELL, Acting Chief Judge.
In this appeal, the State challenges the trial court order granting the motion of appellee, Paul Whorley, to suppress narcotics discovered on his person during a search at Pasco High School. Although the trial court granted the motion to suppress on the grounds that the search was not supported by reasonable suspicion or probable cause, we disagree and reverse.
At the time of the search, appellee was a student at Pasco High School. Sometime during the course of the school day, the assistant principal, Dr. Forbes, was approached by two female students, one of whom told her that a boy, specifically appel-lee, possessed “ecstasy” at school. Armed with this information, Dr. Forbes proceeded to locate appellee in the hallway outside his next class and took him to the first available office outside the main office, which was the school resource officer’s office. The school resource officer was in his office, talking on the phone, when Dr. Forbes and appellee arrived. Once inside, Dr. Forbes told appel-lee that she had been given information that he might possess an illegal substance and asked him if that was true. She told him that she intended to search him, at which point he began emptying his pockets. He produced a baggie of clear capsules containing a white powder, explaining that the capsules were painkillers. Dr. Forbes handed the baggie to the school resource officer. The capsules proved to be “ecstasy.”
We observe first that the appropriate standard in school searches such as this is reasonable suspicion. See A.S. v. State, 693 So. 2d 1095 (Fla. 2d DCA 1997); State v. D.S., 685 So. 2d 41 (Fla. 3d DCA 1996). Although appellee argues that the school officer’s “acquiescence” in the search here raised the standard from reasonable suspicion to probable cause, there is no merit in that position. The cases uniformly hold that school board police officers who participate in searches by school board employees need only reasonable suspicion to justify the search. . See D.S. In order for reasonable suspicion to exist, the action must be justified at its inception, and the search must be reasonably related in scope to the reason for the search. See New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985).
We conclude that the female student’s tip, specifically naming appellee and identifying the drug, justified the search at its inception. This case is similar to D.S.,where the assistant principal received separate reports from four students that D.S. had offered to sell other students drugs that he had with him. The court there found that the school official had reasonable suspicion to search based on the students’ tips. Although there was only one tip here, we hesitate to draw a line between one tip and four tips because we believe that school officials must not be required to wait until a certain mechanical number of tips is received before taking action.
In that regard, D.S. must be compared to A.S. v. State, 693 So. 2d 1095 (Fla. 2d DCA 1997), where this court found the absence of reasonable suspicion to search. There, the assistant principal saw A.S. and three other boys huddled in a group. When she approached, she noticed that one of the boys had money in his hand and noticed that A.S. was fiddling in his pocket. This was held insufficient to provide reasonable suspicion to search. We conclude that the facts in our case are more similar to D.S. than to A.S.
The second prong of the test, which requires that the search must be reasonably related in scope to the reason for the search, is also satisfied here. In her search of appel-lee, Dr. Forbes first informed appellee of the reason for the search, and then asked him if he had any illegal substances. He said he did not and proceeded to produce a baggie of pills. Dr. Forbes did not touch appellee at all. She asked if he had anything, and he produced the contraband himself. There was no overreaching here. The search was not excessive. Given the initial justification for the search and its reasonable scope, we conclude that Dr. Forbes had reasonable suspicion to conduct the search.
Because the trial court here found that the search was improper and we conclude that the search was proper, we reverse.
BLUE and CASANUEVA, JJ., concur.
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S.V.J. v. State, 891 So. 2d 1221 (Fla. 2d DCA 2005)…iew the court’s application of the law to its factual findings using the de novo standard of review. Cillo v. State, 849 So. 2d 353, 354 (Fla. 2d DCA 2003). For school searches, reasonable suspicion is needed to justify the search. State v. Whorley, 720 So. 2d 282, 283 (Fla. 2d DCA 1998); A.S. v. State, 693 So. 2d 1095, 1095 (Fla. 2d DCA 1997). For reasonable suspicion to exist, the search “must be justified at its inception, and the search must be reasonably related in scope to the reason for the search.” Wh…
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State v. J.H., 898 So. 2d 240 (Fla. 4th DCA 2005)…So. 2d 41 (Fla. 3d DCA 1996), the court, after citing cases from other jurisdictions, held that school police officers are held to the same standard as school officials, reasonable suspicion, in order to search students at school. State v. Whorley, 720 So. 2d 282 (Fla. 2d DCA 1998) (holding school resource officers need only reasonable suspicion for a search). J.H. acknowledges that the standard is reasonable suspicion, but argues that the tip was no more reliable than that of an anonymous informant and req…
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M.D. v. State, 65 So. 3d 563 (Fla. 1st DCA 2011)…tandard is appropriate for searches of students on school grounds by school officials, including resource officers. See State v. J.H., 898 So. 2d 240, 241 (Fla. 4th DCA 2005); K.K. v. State, 717 So. 2d 629, 630 (Fla. 5th DCA 1998); State v. Whorley, 720 So. 2d 282, 283 (Fla. 2d DCA 1998); State v. D.S., 685 So. 2d 41, 43 (Fla. 3d DCA 1996). The only possible support for applying the probable-cause standard to a search by a school resource officer is a 1981 case, M.J. v. State, 399 So. 2d 996 (Fla. 1st DCA 19…
Previewing 3 of 8 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited
- New Jersey v. T. L. O., 469 U.S. 325 (U.S. 1985)
- State v. D.S., 685 So. 2d 41 (Fla. 3d DCA 1996)
- A.S. v. State, 693 So. 2d 1095 (Fla. 2d DCA 1997)