Donaldson, In re

CourtCalifornia Court of Appeals
Writing for the CourtREGAN; PIERCE, P.J., and JANES
Citation75 Cal.Rptr. 220,269 Cal.App.2d 509
PartiesIn re David Reuben DONALDSON, a Person Coming Under the Juvenile Court Law. James D. MERCER, Chief Probation Officer of the County of El Dorado, Petitioner and Respondent, v. David Reuben DONALDSON, Objector and Appellant. Civ. 11918.
Decision Date06 February 1969

Page 220

75 Cal.Rptr. 220
269 Cal.App.2d 509
In re David Reuben DONALDSON, a Person Coming Under the Juvenile Court Law.
James D. MERCER, Chief Probation Officer of the County of El Dorado, Petitioner and Respondent,
v.
David Reuben DONALDSON, Objector and Appellant.
Civ. 11918.
Court of Appeal, Third District, California.
Feb. 6, 1969.
Hearing Denied April 2, 1969.

Page 221

Paul Petrozzi, Court Appointed Counsel, Sacramento, for appellant.

[269 Cal.App.2d 510] Thomas C. Lynch, Atty. Gen., by Edsel W. Haws and Arnold O. Overoye, Deputy Atty. Gen., Sacramento, for respondent.

REGAN, Associate Justice.

The vice principal at Ponderosa High School in Placerville, upon being told by a student that she could purchase speed or methedrine pills at the school, advised her to make the purchase. The purchase of three pills was made, the pills were delivered to the vice principal, and the seller identified as defendant herein, a student of the school who was 15 years of age. Thereupon the vice principal searched defendant's book locker and found four half cigarettes made of marijuana and a plastic bag containing marijuana. The search was without a warrant and without defendant's consent. The school administration retained the combinations to all student lockers and by means of master keys entered them from time to time to examine their contents for articles detrimental to the student body.

Defendant appeals from a judgment finding him to be a ward of the juvenile court (Welf. & Inst.Code, § 602), in that he violated section 11530 of the Health and Safety Code (possession of marijuana).

Defendant contends that prejudicial error was committed by the court in admitting into evidence the cigarettes and plastic bag which had been obtained by an unlawful search and seizure carried out by a school official upon appellant's locker, since the school official was in fact a governmental official within the meaning of the Fourth Amendment.

The People, in a two-pronged argument, assert that the vice principal stands In loco parentis and has joint control over the locker and also is a private person as to whom the Fourth Amendment has no application.

In Stapleton v. Superior Court, 70 A.C. 101, 103--104, 73 Cal.Rptr. 575, 577, 447 P.2d 967, 969, the court states:

'The Fourth Amendment's prohibition against unreasonable searches and seizures applies to the states, and evidence obtained in violation of that amendment is inadmissible in state courts. (Mapp v. Ohio (1961) 367 U.S. 643, 81 S.Ct. 1684, 6 L.Ed.2d 1081 (84 A.L.R.2d 933).) The Fourth Amendment does not apply, however, to searches by private individuals (Burdeau v. McDowell (1921) 256 U.S. 465, 41 S.Ct. 574, 65 L.Ed. 1048 (13 A.L.R. 1159).)'

In Stapleton, supra, it is pointed out that because the search there was clearly part of a joint operation by police [269 Cal.App.2d 511] and the private individual it was tainted with state action and consequently violated the Fourth Amendment's prohibition. We find no joint operation by police and the school official in the case before us.

In People v. Superior Court, 70 A.C. 129, 135, 74 Cal.Rptr. 294, 298, 449 P.2d 230, 234, the court, in deciding whether or not section 1538.5 of the Penal Code is available to effect suppression of evidence Not obtained as the...

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34 practice notes
  • People v. Baker, Cr. 7920
    • United States
    • California Court of Appeals
    • 21 Octubre 1970
    ...74 Cal.Rptr. 294, 449 P.2d 230; People v. Superior Court, supra, 3 Cal.App.3d 648, 659-660, 83 Cal.Rptr. 732; In re Donaldson (1969) 269 Cal.App.2d 509, 510, 75 Cal.Rptr. 220; People v. Cheatham (1968) 263 Cal.App.2d 458, 461, 69 Cal.Rptr. 679; People v. Katzman (1968) 258 Cal.App.2d 777, 7......
  • Gordon J. v. Santa Ana Unified Scool. Dist.
    • United States
    • California Court of Appeals
    • 10 Diciembre 1984
    ...searches. A warrantless search of a student's locker based on ample probable cause was upheld in the case of In re Donaldson (1969) 269 Cal.App.2d 509, 75 Cal.Rptr. 220, because the court found "the vice principal of the high school not to be a governmental official within the meaning of th......
  • William G., In re
    • United States
    • United States State Supreme Court (California)
    • 5 Diciembre 1985
    ...school officials are private persons and therefore outside the scope of the Fourth Amendment. In the case of In re Donaldson (1969) 269 Cal.App.2d 509, 75 Cal.Rptr. 220, marijuana seized by a high school vice principal pursuant to a warrantless search of a student's locker was held admissib......
  • New Jersey v. T.L.O., No. 83-712
    • United States
    • United States Supreme Court
    • 28 Marzo 1984
    ...See, e.g., D.R.C. v. State, 646 P.2d 252 (Alaska App.1982); In re G., 11 Cal.App.3d 1193, 90 Cal.Rptr. 361 (1970); In re Donaldson, 269 Cal.App.2d 509, 75 Cal.Rptr. 220 (1969); R.C.M. v. State, 660 S.W.2d 552 (Tex.App.1983); Mercer v. State, 450 S.W.2d 715 (Tex.Civ.App.1970). At least one c......
  • Request a trial to view additional results
33 cases
  • People v. Baker, Cr. 7920
    • United States
    • California Court of Appeals
    • 21 Octubre 1970
    ...74 Cal.Rptr. 294, 449 P.2d 230; People v. Superior Court, supra, 3 Cal.App.3d 648, 659-660, 83 Cal.Rptr. 732; In re Donaldson (1969) 269 Cal.App.2d 509, 510, 75 Cal.Rptr. 220; People v. Cheatham (1968) 263 Cal.App.2d 458, 461, 69 Cal.Rptr. 679; People v. Katzman (1968) 258 Cal.App.2d 777, 7......
  • Gordon J. v. Santa Ana Unified Scool. Dist.
    • United States
    • California Court of Appeals
    • 10 Diciembre 1984
    ...searches. A warrantless search of a student's locker based on ample probable cause was upheld in the case of In re Donaldson (1969) 269 Cal.App.2d 509, 75 Cal.Rptr. 220, because the court found "the vice principal of the high school not to be a governmental official within the meaning of th......
  • William G., In re
    • United States
    • United States State Supreme Court (California)
    • 5 Diciembre 1985
    ...school officials are private persons and therefore outside the scope of the Fourth Amendment. In the case of In re Donaldson (1969) 269 Cal.App.2d 509, 75 Cal.Rptr. 220, marijuana seized by a high school vice principal pursuant to a warrantless search of a student's locker was held admissib......
  • Kimberly M. by Cobbs v. Los Angeles Unified School Dist., No. B024434
    • United States
    • California Court of Appeals
    • 17 Diciembre 1987
    ...the education, teaching and training of the students may be accomplished in an atmosphere of law and order." (In re Donaldson (1969) 269 Cal.App.2d 509, 512, 75 Cal.Rptr. 220, disapproved on other grounds in In re William G. (1985) 40 Cal.3d 550, 559, 221 Cal.Rptr. 118, 709 P.2d The schools......
  • Request a trial to view additional results

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