Legal Opinion

State ex rel. Juvenile Department v. M. A. D.

Oregon Supreme Court

Decided June 10, 2010No. CC 031120J02; CA A132290; SC S057403PublishedCited by 19 opinions

1Opinion of the CourtBalmer, J.

This juvenile delinquency case requires us to decide when a public school official’s search of a high school student for illegal drugs is permissible under Article I, section 9, of the Oregon Constitution. We conclude that, when school officials at a public high school have a reasonable suspicion, based on specific and articulable facts, that an individual student possesses illegal drugs on school grounds, they may respond to the immediate risk of harm created by the student’s possession of the drugs by searching the student without first obtaining a warrant.

After school officials received a…

2Cases cited15 opinions

  1. New Jersey v. T. L. O.Supreme Court of the United States · 1985
  2. Fazzolari v. Portland School District No. 1JOregon Supreme Court · 1987
  3. State v. HallOregon Supreme Court · 2005
  4. State v. BatesOregon Supreme Court · 1987
  5. State v. CampbellOregon Supreme Court · 1988

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3Cited by19 opinions

  1. State v. BakerOregon Supreme Court · 2011
  2. State v. BonillaOregon Supreme Court · 2015
  3. State v. NewcombOregon Supreme Court · 2016
  4. State of Iowa v. Mar'yo D. Lindsey Jr.Supreme Court of Iowa · 2016
  5. State v. FessendenCourt of Appeals of Oregon · 2013

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