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PATC Article Detail
Title:
Stop of Student off School Property During School Hours
Author:
Jack Ryan
ID:
LL100
Issue:
SU1-4
Issue Date:
2004-07-01
Edition:
School
Type:
Article
Body:
. In the Matter of K.E., 2004 Tex. App. LEXIS 3697 (Ct. App. 4th, San Antonio 2004).
At 1:00 p.m. on a school day, Officer Ovalle, while patrolling a ìhigh-crimeî area observed two young men. He pulled up to the duo and asked whether they were ìof the age to be in school.î K.E. reported that he was sixteen. Officer Ovalle decided to write K.E. a curfew violation because he was not in school and transport him back to school or to a guardian. Officer Ovalle asserted that K.E. was wearing a heavy coat, notwithstanding the hot weather outside and was present in a ìhigh-crimeî area. Ovalle stated that he knew he would be exposed to K.E. for a period of time due to the curfew violation. Concerned that K.E. might have a weapon in the heavy coat, Officer Ovalle began to pat-down K.E. As he did so, K.E. put a hand into his coat pocket. Officer Ovalle asked him to remove his hand. As K.E. did so, he discarded a folded piece of paper that was later found to contain narcotics. Officer Ovalle had handcuffed K.E. while he retrieved the folded paper. At trial K.E. sought to have the evidence suppressed. After the trial court refused to suppress the evidence, K.E. brought this appeal. The appellate court agreed with the trial court and rejected K.E.ís argument that the evidence should be suppressed. The court cited the fact that the stop was valid based on K.E.ís youthful appearance during the school day. The court further held that the frisk was valid based upon the officerís articulated facts concerning K.E.ís heavy coat in warm weather, the high-crime area, and the lengthy exposure that the officer would face while enforcing the curfew violation.
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