460 S.W.2d 181 (Tex.Civ.App.

Docket Nº:7182.
Citation:460 S.W.2d 181
Party Name:Michael Lee RANNIGER, a Delinquent Child, Appellant, v. The STATE of Texas, Appellee.
Case Date:November 12, 1970
Court:Court of Appeals of Texas, Court of Civil Appeals of Texas

Page 181

460 S.W.2d 181 (Tex.Civ.App. —Beaumont 1970)

Michael Lee RANNIGER, a Delinquent Child, Appellant,

v.

The STATE of Texas, Appellee.

No. 7182.

Court of Civil Appeals of Texas, Beaumont

November 12, 1970

Page 182

James McGrath, Beaumont, for appellant.

Brack Jones, Jr., Asst. Dist. Atty., W. C. Lindsey, Dist. Atty., Beaumont, for appellee.

PARKER, Chief Justice.

The appeal is from a judgment of the juvenile court of Jefferson County, wherein Michael Lee Ranniger was adjudged to be a delinquent child and committed to the Texas Youth Council. The order was suspended and he was released on probation to the custody and care of his parents under the supervision of the Jefferson County Juvenile Probation Department, 'subject to the further order of this Court.' The supervision was suspended pending the appeal of the cause.

From the agreed statement of facts, we learn that the appellant, then sixteen years of age, was charged with the possession of a dangerous drug, namely 'L.S.D.' upon the premises of Forrest Park High School. The entire thrust of the appeal is that the trial court erred in overruling appellant's motion to suppress evidence as to the finding of the drugs upon his person, it being asserted therein that such evidence was discovered 'in violation of the laws and Constitution of the 'United States of America and the State of Texas.' We quote the entire record of the 'Evidentiary Facts,' as such appears in the transcript, in the margin.[*]

Page 183

The doctrine of In loco parentis is not defined in the Statutes of the State of Texas. It is a common-law doctrine controlling the disposition of this case. The school principal, Hawthorne, stood in the place or stead of the parent. The principal was charged with the parent's duties, rights and responsibilities. When this student entered school on this occasion, parental authority was delegated and existed from the time Hawthorne discovered that Ranniger was not in a class as the rules provided and the discovery of the 37 L.S.D. tablets in the possession of Ranniger. We follow the majority opinion in Mercer v. State, 450 S.W.2d 715, 718 (Tex.Civ.App.--Austin, 1970, error dism. as moot). Upon the basis of the summarized facts we are urged to follow the dissent of Justice Hughes in the Mercer case, supra. We are not persuaded by appellant's argument that we should file an opinion which adopts the minority view of Mercer.

Our record was not...

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7 practice notes
  • Reasonable Suspicion, Unreasonable Search: Defining Fourth Amendment Protections against Searches of Students' Personal Electronic Devices by Public School Officials
    • United States
    • Capital University Law Review Nbr. 40-1, September 2011
    • September 1, 2011
    ...7, at 1142–46. 15See R.C.M., 660 S.W.2d at 553. 16Id. at 553 (citing Mercer, 450 S.W.2d at 717). 17Id. at 554 (citing Ranniger v. State, 460 S.W.2d 181, 183 (Tex. App. 1970)). 18256 U.S. 465 (1921). 19R.C.M., 660 S.W.2d at 553 (Tex. App. 1983) (citing Burdeau, 256 U.S. at 475). 20Id. at 553......
  • 660 S.W.2d 552 (Tex.App. - San Antonio 1983), 16921, R.C.M. v. State
    • United States
    • Texas Court of Appeals of Texas
    • July 29, 1983
    ...father, would not violate security of appellant under the Fourth Amendment." Id. In a subsequent similar case Ranniger v. State, 460 S.W.2d 181 (Tex.Civ.App.--Beaumont 1970, no writ) the court followed the Mercer decision finding that a high school principal who compelled a student to ......
  • 566 S.W.2d 14 (Tex.Civ.App.
    • United States
    • Texas Court of Appeals of Texas Court of Civil Appeals of Texas
    • March 27, 1978
    ...necessary to the disposition of a case. Bowen v. United States, 422 U.S. 916, 95 S.Ct. 2569, 45 L.Ed.2d 641 (1975); Ranniger v. State, 460 S.W.2d 181 (Tex.Civ.App. Beaumont 1970, no writ). Tex. Family Code Ann. § 54.03(f) requires the State to prove beyond a reasonable doubt that a child ha......
  • 484 S.W.2d 611 (Tex.Civ.App.
    • United States
    • Texas Court of Appeals of Texas Court of Civil Appeals of Texas
    • August 2, 1972
    ...a mere assertion of unconstitutionality without more specificity is insufficient for appellate review. Ranniger v. State, Tex.Civ.App., 460 S.W.2d 181; Rule 418, T.R.C.P. Appellant's second point of error is overruled. Appellant's third point of error is that the trial Court erred in refusi......
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6 cases
  • 660 S.W.2d 552 (Tex.App. - San Antonio 1983), 16921, R.C.M. v. State
    • United States
    • Texas Court of Appeals of Texas
    • July 29, 1983
    ...father, would not violate security of appellant under the Fourth Amendment." Id. In a subsequent similar case Ranniger v. State, 460 S.W.2d 181 (Tex.Civ.App.--Beaumont 1970, no writ) the court followed the Mercer decision finding that a high school principal who compelled a student to ......
  • 566 S.W.2d 14 (Tex.Civ.App.
    • United States
    • Texas Court of Appeals of Texas Court of Civil Appeals of Texas
    • March 27, 1978
    ...necessary to the disposition of a case. Bowen v. United States, 422 U.S. 916, 95 S.Ct. 2569, 45 L.Ed.2d 641 (1975); Ranniger v. State, 460 S.W.2d 181 (Tex.Civ.App. Beaumont 1970, no writ). Tex. Family Code Ann. § 54.03(f) requires the State to prove beyond a reasonable doubt that a child ha......
  • 484 S.W.2d 611 (Tex.Civ.App.
    • United States
    • Texas Court of Appeals of Texas Court of Civil Appeals of Texas
    • August 2, 1972
    ...a mere assertion of unconstitutionality without more specificity is insufficient for appellate review. Ranniger v. State, Tex.Civ.App., 460 S.W.2d 181; Rule 418, T.R.C.P. Appellant's second point of error is overruled. Appellant's third point of error is that the trial Court erred in refusi......
  • 216 S.E.2d 586 (Ga. 1975), 29455, State v. Young
    • United States
    • Georgia Supreme Court of Georgia
    • May 20, 1975
    ...In re W., 29 Cal.App.3d 777, 105 Cal.Rptr. 775 (1973); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970); Page 591 Ranniger v. State, 460 S.W.2d 181 (Tex.Civ.App.1970); People v. Stewart, 63 Misc.2d 601, 313 N.Y.S.2d 253 (1970); In re Donaldson, 269 Cal.App.2d 509, 75 Cal.Rptr. 220 (1969).......
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