School Resources & Training Institute
Legal and Liability Article Database

For assistance with this database contact us at information@school-training.com or at 800-365-0119.
Return to SR-TI Article Index

PATC Article Detail


Title: Startled Look and Hiding Your Purse are Insufficient to Establish Reasonable Suspicion
Author:
ID: LL122
Issue: SU2-1
Issue Date: 2005-01-01
Edition: School
Type: Article

Body: In S.V.J. v. State of Florida, 2005 Fla. App. LEXIS 1037 (Florida App. Ct. 2nd Dist. 2005), the Court of Appeals for Florida considered a school search case where the only facts articulated in support of the search was a startled look coupled with the appearance of trying to hide a purse.

S.V.J. attended an alternative school for disruptive students. On December 8, 2003 she got into a fight with another student. The school resource officer broke up the fight and took S.V.J. to the school administratorís office. Mr. Arroyo, the school administrator, spoke briefly with S.V.J. and then stepped out into the hallway to check on other students. When he returned, S.V.J. appeared startled and picked up her purse, put it under her arm and put her jacket over hers shoulder. Mr. Arroyo thought that S.V.J. was trying to hide the purse. Based on S.V.J.ís conduct, the startled look and movement of the purse, Mr. Arroyo had a female employee search the purse. The search revealed marijuana, which led to S.V.J.ís arrest.

In reviewing the search at issue, the court considered whether a startled look and movement of the purse would satisfy the reasonable suspicion standard for school searches. The court began its analysis by recognizing that school searches must be justified at their inception by a reasonable belief that the search will reveal evidence of a school rule violation or a crime. The court reported that factors that might support a search would include: ìthe childís age, history and record in school; the prevalence and seriousness of the problem in the school to which the search was directed; the exigencies in making a search without delay and further investigation; the probative value and reliability of the information used as justification for the search; and the particular teacher or school officialís experience with the student.î The ìexperience of the involved school officials with the type of problem to which the search was directed would be another pertinent factor to consider.î

After defining factors that would support a search, the court looked at Mr. Arroyoís testimony. Mr. Arroyo acknowledged that he had no idea what S.V.J. may be hiding and gave no indication what evidence or what offense he suspected. As a result of being unable to articulate the suspected offense and the suspected evidence the court concluded that reasonable suspicion did not exist to conduct this search and the evidence against S.V.J. should have been suppressed by the trial court.

Key Point: When articulating the factors supporting the search of a student, include the suspected offense as well as the evidence that is likely to be recovered as the result of the search.



Citation 1:
Citation 2:
Citation 3:
Keywords:
Other Information: