Legal Opinion
Government of the Virgin Islands ex rel. M. S.
Supreme Court of The Virgin Islands
Decided August 26, 1981No. Fam./Juv. No. 40/1980PublishedCited by 1 opinion
1Opinion of the CourtFeuerzeig, Judge
MEMORANDUM OPINION
The application of the Fourth Amendment1 in our public schools must be determined in deciding a student’s motion to suppress marijuana that was found in a search by his teacher. The student, M. S., was searched by a teacher who did not have probable cause to believe M. S. had done anything wrong. This juvenile prosecution for possession of marijuana is the direct result of that search.
The Search Lacked Probable Cause
The sole witness at the suppression hearing was the student’s teacher. While he stated that he smelled marijuana on M. S.’s *293clothes at the time of the search,2…
2Cases cited34 opinions
- Terry v. OhioSupreme Court of the United States · 1968
- In Re WINSHIPSupreme Court of the United States · 1970
- Mapp v. OhioSupreme Court of the United States · 1961
- In Re GAULTSupreme Court of the United States · 1967
- Stone v. PowellSupreme Court of the United States · 1976
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3Cited by1 opinion
- People ex rel. T. S.Superior Court of The Virgin Islands · 2015