Legal Opinion · Concurring in part, dissenting in part

State v. Joseph T.

West Virginia Supreme Court

Decided November 8, 1985No. 16088Published

1Concurring in part, dissenting in partMiller, Chief Justice

Although I have no quarrel with the “reasonable suspicion standard” adopted by the majority, as I believe this comports with the majority view elsewhere, I believe the evidence did not rise to this standard.

At best, the evidence in this case indicated that a friend of the defendant disclosed that prior to coming to school, he had consumed some beer at the defendant’s home. There were no facts given to the school official that would indicate that the defendant kept beer or other alcoholic beverages in his school locker. From the record before us, the defendant had not been involved in any…

2Cases cited9 opinions

  1. New Jersey v. T. L. O.Supreme Court of the United States · 1985
  2. Bellnier v. LundDistrict Court, N.D. New York · 1977
  3. State v. McKinnonWashington Supreme Court · 1977
  4. Doe v. StateNew Mexico Court of Appeals · 1975
  5. State v. D.T.W.District Court of Appeal of Florida · 1983

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