State v. A.J.C.
Case #: A147559
Brewer, J. for the Court; Armstrong, P.J.; and Duncan, J.
Full Text Opinion: http://www.publications.ojd.state.or.us/docs/A147559.pdf
Criminal Procedure: According to "State v. M.A.D." the determination for what is reasonable under a school-safety search depends on the nature of the safety threat. If the search is determined reasonable, then it is not a violation of a student's rights under Article 1, section 9 of the Oregon Constitution.
Defendant appealed denial of motion to suppress handgun and bullets found by the school principal. Defendant sent threatening texts to a student the night before saying he was going to bring a gun to school and kill the student the next day. The student reported it to a school counselor the next morning, who reported it to the principal. The principal removed the Defendant and his backpack from class and took both to his office. The principal questioned the student in his office and then searched his bag and found the bullets and gun. The officer that was present arrested the Defendant. The trial court denied the motion to suppress the handgun and bullets finding that the Defendant’s rights under Article 1, section 9, of the Oregon Constitution was not violated. The Defendant appealed the denial and the Court of Appeals held the principal’s search of the backpack was reasonable under the perceived circumstances. Affirmed.