People v. Dilworth

I respectfully dissent. I cannot agree with the majority that a police officer whose self-stated primary duty is to investigate and prevent criminal activity may search a student on school grounds on a lesser fourth amendment standard than probable cause merely because the police officer is permanently assigned to the school and is listed in the student handbook as a member of the school staff. The majority’s departure from a unanimous line of Federal and State decisions places form over substance and opens the door for widespread abuse and erosion of students’ fourth amendment rights to be…