Fred C., In re

Citation26 Cal.App.3d 320,102 Cal.Rptr. 682
CourtCalifornia Court of Appeals
Decision Date23 June 1972
PartiesIn re Fred C., a minor. Kenneth F. FARE, Probation Officer, Plaintiff and Respondent, v. Fred C., Defendant and Appellant. Civ. 11095.
OPINION

COUGHLIN, Associate Justice.

The minor, Fred C., appeals from an order declaring him a ward of the juvenile court premised on a finding on January 19, 1971 he was unlawfully in possession of a restricted dangerous drug, in possession of marijuana, and in possession of dangerous drugs for the purpose of sale.

On the date of the alleged offenses the minor was 17 years of age; was a student at Crawford High School in San Diego; was required to spend a morning period in the 'outer office' of the vice principal, Mr. Barritt, because he had been expelled from the class in which he had been enrolled for that period; went into the 'inner office' of the vice principal at the request of the latter, who intended to interrogate and search him as part of an investigation prompted by information the vice principal had received defendant had been selling dangerous drugs on campus that morning. Barritt, the vice principal had received the information of defendant's involvement in drug sales from another vice principal, Mr. Urban, who had received the information from a third person. There is no evidence the third person was a reliable informant. Fred previously had been declared a ward of the juvenile court because of unlawful possession of dangerous drugs, but the evidence does not show either vice principal had this information at the time of their interview with him.

Both vice principals participated in the interview; noted the pockets of Fred's levis were bulging and a pouch was tied to his belt; and asked him what he had in his pockets and in the pouch. Fred removed the pouch and exhibited its contents, which was $20, but refused to reveal the contents of his pockets and resisted an attempt by the vice principals to search him. Thereupon, vice principal Barritt caused a police officer to be called to assist in making a search. A juvenile officer named Pilling responded to the call; was told by the vice principals what had taken place; was introduced to Fred by them; noted large bulges in the pockets of Fred's levis; and was asked to assist the vice principals in effecting a search. In response to their request, Pilling advised Fred he, the officer, intended to search him; asked Fred 'to remove the bulge, a large bulge, from his front left pocket', in response to which Fred said, 'Go ahead, search me. What you want is in the left front pocket'; and thereupon removed from Fred's pockets dangerous drugs and marijuana, packaged in the manner these articles generally are sold.

At the juvenile court hearing, Fred, through his attorney, objected to admission of the articles taken from his pockets upon the ground the search was illegal. His objection was overruled. On appeal he contends this ruling was reversible error.

Fred claims the search was illegal because Officer Pilling did not have probable cause to arrest him and the only basis for the search was as an incident to his arrest. The arrest was not made until after the contraband was found. The evidence supports the conclusion the officer did not conduct the search as an incident to an arrest, but upon request of the school authorities to assist them in their search.

The issue on appeal is whether, under the circumstances of this case, the school authorities were authorized to search the minor and solicit the assistance of a police officer in doing so; and whether the search so made violated the constitutional guarantee proscribing unreasonable searches and seizures.

School officials, in the discharge of their duties, have the authority to use moderate force to obtain obedience by minor students under their supervision; in the exercise thereof, for good cause, may detain and search a student; and in doing so, are not governed by the rules applicable to searches by law enforcement authorities, e.g., the police. (In re Thomas G., 11 Cal.App.3d 1193, 1196--1199, 90 Cal.Rptr. 361; In re Donaldson, 269 Cal.App.2d 509, 75 Cal.Rptr. 220.)

The duty of school authorities to protect students from the misconduct of another student engaged in selling dangerous drugs...

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11 cases
  • Gordon J. v. Santa Ana Unified Scool. Dist.
    • United States
    • California Court of Appeals Court of Appeals
    • December 10, 1984
    ... ... There was little need to say more. (In re Guillermo M. (1982) 130 Cal.App.3d 642, 647, 181 Cal.Rptr. 856.) ...         [162 Cal.App.3d 535] In re Fred C. (1972) 26 Cal.App.3d 320, 102 Cal.Rptr. 682 extends the private citizen theory "to a point of ultimate absurdity ... " (Buss, supra, 59 Iowa L.Rev. at p. 767.) There, two vice principals confronted a minor who had been expelled from class. They had determined to interview and search him ... ...
  • Scott K., In re
    • United States
    • California Supreme Court
    • May 25, 1979
    ...of locked containers by school authorities. (In re Christopher W. (1973) 29 Cal.App.3d 777 (105 Cal.Rptr. 775); In re Fred C. (1972) 26 Cal.App.3d 320 (102 Cal.Rptr. 682); In re Donaldson (1969) 269 Cal.App.2d 509 (75 Cal.Rptr. 220).) If the Loco parentis status of a school official permits......
  • State v. Young
    • United States
    • Georgia Supreme Court
    • May 20, 1975
  • Bellnier v. Lund
    • United States
    • U.S. District Court — Northern District of New York
    • July 11, 1977
  • Request a trial to view additional results
1 books & journal articles
  • Search and seizure in Florida schools: the effect of police involvement.
    • United States
    • Florida Bar Journal Vol. 72 No. 5, May 1998
    • May 1, 1998
    ...discipline and "to act for the safety and supervision of the pupils in the absence of their parents."[10] Similarly, in In Re Red C., 102 Cal. Rptr. 682 (Cal. Ct.App. 1972), a California appellate court held that a school official's use of the police to assist in a search did not render the......

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