State ex rel. Juvenile Department v. M. A. D.

A seventh-grade middle school teacher notices a ruckus in the rear of her classroom. Students have been passing a note, reacting to its contents in a gleeful, but disruptive, manner. One boy hides the note in reaction to the disapproving stare of his teacher, who retrieves the note from his pocket in order to quell the disturbance. The majority would require that this “search” be justified under Article I, section 9, of the Oregon Constitution by a showing of probable cause and exigent circumstances, at least if the evidence is later used in a delinquency proceeding. I believe that the state…