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Juveniles — student searches

By: WISCONSIN LAW JOURNAL STAFF//September 4, 2014//

Juveniles — student searches

By: WISCONSIN LAW JOURNAL STAFF//September 4, 2014//

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Wisconsin Court of Appeals

Civil

Juveniles — student searches

Chase T. appeals the circuit court’s denial of his motion to suppress evidence obtained from him by an assistant principal, in the presence of a school liaison police officer, at the public junior high school that Chase T. attended. This occurred after a student tipster linked Chase T. to the smell of marijuana smoke in a school bathroom during a class period. The search consisted of the assistant principal’s request that Chase T. empty his pockets.

Chase T. argues that the circuit court erred in dismissing his motion to suppress because the search was not based on reasonable grounds at its inception and also because it was excessive in scope. I conclude that the assistant principal had reasonable grounds to suspect that Chase T. had engaged in or was engaging in illegal activity, evidence of which might be discovered in the search. I also conclude that the scope of the search was reasonably related to the objective of the search and not excessively intrusive. Affirmed. This opinion will not be published.

2014AP260 In the interest of Chase A.T.

Dist IV, Portage County, Flugaur, J., Blanchard, P.J.

Attorneys: For Appellant: Hirsch, Eileen A., Madison; For Respondent: Weber, Gregory M., Madison; Isherwood, Veronica Fay, Stevens Point

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