In re L.A.W.

Due to his behavioral problems, Appellant, then a minor, signed a “behavior contract,” under which he consented to random searches of his person and property in order to attend public high school. During a subsequent search of Appellant, a teacher found marijuana on Appellant’s person. Appellant was subsequently charged with possession of a controlled substance with intent to sell. Appellant objected to the admission of evidence resulting from the search. The hearing master declined to suppress on the grounds that Appellant had consented to the search under the behavior contract. The district court then formally adjudicated Appellant a delinquent. The Supreme Court reversed, holding (1) the State failed to demonstrate that Appellant’s consent to search was voluntary, as there was no evidence on the record that additional public education options were available to Appellant, and the State could not constitutionally condition Appellant’s access to a public education on his waiver of his right to be free from unreasonable search and seizure; and (2) therefore, the district court should have suppressed the fruits of the administration’s search of Appellant. View "In re L.A.W." on Justia Law