Legal Opinion · Concurring in part, dissenting in part

C.S. v. State

Indiana Court of Appeals

Decided September 8, 2000No. 49A05-9912-JV-567Published

1Concurring in part, dissenting in partSharpnack, C.J.

I respectfully disagree with the majority’s conclusion that Sergeant Gaines’ search of C.S. was constitutionally valid, and as a result I also conclude that there was insufficient evidence to support the trial court’s finding that C.S. is a delinquent, child. I agree with the majority that the evidence was sufficient to support the trial court’s revocation of C.S.’s probation, but I reach that conclusion by different reasoning.

The standard by which we analyze school searches is whether the search is reasonable under all the circumstances. New Jersey v. T.L.O., 469 U.S. 325, 341, 105 S.Ct.…

2Cases cited6 opinions

  1. New Jersey v. T. L. O.Supreme Court of the United States · 1985
  2. Dulin v. StateIndiana Court of Appeals · 1976
  3. Jackson v. StateIndiana Court of Appeals · 1996
  4. L.A.F. v. StateIndiana Court of Appeals · 1998
  5. D.I.R. v. StateIndiana Court of Appeals · 1997

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