Legal Opinion

In Re Josue T.

New Mexico Court of Appeals

Decided July 2, 1999No. 19,472PublishedCited by 29 opinions

1Opinion of the Court

OPINION

APODACA, Judge.

{1} This case presents a question of first impression in New Mexico — Does the Fourth Amendment to the Federal Constitution require probable cause for a full-time, commissioned police officer assigned to a public high school as a resource officer to lawfully search a student during school hours, when the search is conducted at the request of a school official? We answer that question negatively and hold that under the facts present in this appeal, the officer only required reasonable suspicion, the same, lower standard required of school officials.

{2} In New Jersey v.…

2Cases cited16 opinions

  1. Terry v. OhioSupreme Court of the United States · 1968
  2. Horton v. CaliforniaSupreme Court of the United States · 1990
  3. New Jersey v. T. L. O.Supreme Court of the United States · 1985
  4. Griffin v. WisconsinSupreme Court of the United States · 1987
  5. Vernonia School District 47J v. ActonSupreme Court of the United States · 1995

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3Cited by29 opinions

  1. Jason Shade, Individually v. City of Farmington, Minnesota, a Minnesota Municipal Corporation Ted Dau, Individually and in His Official CapacityCourt of Appeals for the Eighth Circuit · 2002
  2. Myers v. StateIndiana Supreme Court · 2005
  3. Castaldo v. StoneDistrict Court, D. Colorado · 2001
  4. State v. BacaNew Mexico Court of Appeals · 2004
  5. In Re DDCourt of Appeals of North Carolina · 2001

24 more not listed; retrieve them via the Exa API.

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