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Title: Anonymous Tip Regarding Weapon
Author: Jack Ryan
ID: LL99
Issue: SU1-4
Issue Date: 2004-07-01
Edition: School
Type: Article

Body: In re Cody S., 2004 Cal. App. LEXIS 1247 (Ct. App. CA. 4th Dist. 2004).

A California case decided July, 29, 2004 analyzed a search based upon an anonymous tip that a student had brought a knife to school.

On May 21, 2002, school-safety officer, Diane Stanley received an anonymous tip that a student had brought a knife to school in his backpack. Stanley believed the anonymous caller to be a young male.

Stanley then had two male school-safety officers escort the student from his physical education class and told the other officers to have the student bring his belongings with him. The student reported that when he was taken from class he was ordered to open the locker containing his belongings and that his pants were stuffed into his backpack by one of the officers.

Once the student arrived at Stanleyís office, she told him what the anonymous caller had said. He initially denied having a knife, but then remembered that he had put a knife in his backpack when he went camping recently and reported that it may still be there.

Stanley then searched the backpack looking for the knife. While doing so, she recovered some baggies with what appeared to be marijuana residue in them. The student was then told that the officials were going to search his car and was asked if he minded. He reportedly said that he did not mind and provided the officials with his keys. More marijuana was found in the vehicle and Cody was charged.

The court did not decide whether the anonymous tip justified a search. Instead the court concluded that having Cody remove his belongings from a locker that he only used while in physical education class did not constitute a search.

Further, the court held that Codyís admission that the knife was in the backpack, was sufficient to justify the search which took place.



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