Initial Search of Defendant Was Lawful, But No Do-Overs

This unlawful search took place in a Florida school south of Jacksonville, Florida.  In this case, students at the Florida school reported to school officials that some other students were playing with a taser on school grounds.  The school security officer spoke to some kids who indicated that the suspect was the one with the taser, however the suspect had gone home for the day.  The next day, the principal and security officer had the suspect come into the principal’s office, and they searched her purse.  They did not find the taser and let her leave for class.  Later that day, they brought the suspect back into the principal’s office, searched her purse and found a taser.  She was arrested for possession of a weapon on school property, which is a felony.

The criminal defense lawyer filed a motion to suppress the evidence of the taser arguing that the principal and security officer did not have a legal basis to conduct the second search after the first search did not result in any incriminating evidence.  The rules for searching students and their property are a little different in schools.  Students and their property can be searched at a school if there is reasonable suspicion that the student is involved in criminal activity or evidence of a crime will be found.  A search of a student at school is considered reasonable as long as the search is reasonable in scope.  At schools, the more serious the threat, the more leeway the school or a police officer will have in conducting a more extensive search.

In this case, because students indicated the suspect had a weapon on school property, the court ruled that the first search of the student was reasonable.  However, since the first search was unsuccessful, the school could not conduct a second search of the same property later without new information that evidence of a crime was present.  In other words, the school and/or the police only get one shot at a search based on reasonable suspicion, and if they do not find anything, they cannot go back for a second search later without some new evidence that justifies it.  A second search of property that initially yielded no results is a search based on mere suspicion which does not meet the appropriate search and seizure standard.  For the second search to be justified, the state would have had to present testimony of new evidence that was uncovered after the first unsuccessful search.  The weapon charge was thrown out.

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