People v. K.J. (In re K.J.), A147478

• Decision Date: 03 January 2018
• Docket Number: A147478
• Court: California Court of Appeals Court of Appeals
• Parties: IN RE K.J., a Person Coming Under the Juvenile Court Law. The People, Plaintiff and Respondent, v. K.J., Defendant and Appellant.

18 Cal.App.5th 1123

227 Cal.Rptr.3d 380

IN RE K.J., a Person Coming Under the Juvenile Court Law.The People, Plaintiff and Respondent,

v.K.J., Defendant and Appellant.

A147478

Court of Appeal, First District, Division 4, California.

Filed January 3, 2018

Eileen Manning-Villar, Pacifica, for Appellant

Kamala D. Harris, Attorney General of California, Gerald A. Engler, Chief Assistant Attorney General, Jeffrey M. Laurence, Senior Assistant Attorney General, Eric D. Share, Supervising Deputy Attorney General, Ronald E. Niver, Deputy Attorney General, for Respondent

REARDON, J.

Based upon an anonymous student tip that K.J. was carrying a loaded gun on school grounds, the principal of K.J.'s high school removed him from class and escorted him to the hallway where a police officer assigned as a school resource officer and a backup police officer were waiting. A search of K.J.'s person revealed a semi-automatic handgun and a bullet magazine containing several rounds of ammunition.

Following a combined motion to suppress evidence and jurisdictional hearing, the juvenile court sustained a petition alleging appellant possessed a weapon on school grounds. On appeal, K.J. contends his motion to suppress should have been granted because he was detained and searched without reasonable suspicion. We disagree and affirm the judgment.

I. FACTUAL AND PROCEDURAL BACKGROUND

The Solano County District Attorney petitioned to have appellant declared a ward of the court after appellant was found to be carrying a loaded weapon at school.¹ Appellant filed a motion under Welfare and Institutions Code section 700.1 to suppress evidence related to search and seizure, including the handgun, ammunition, and statements he made at the time of the search.

At the hearing on appellant's motion, William Cushman, the assistant principal of Fairfield High School, testified that at approximately 1:30 p.m. on December 17, 2015, he received a text message from a student, alerting him that a student with a gun was at school. Vice Principal Cushman knew the identity of the student who contacted him, but declined to reveal her identity due to the student's fear of retaliation. Consequently, the parties stipulated that the student would be treated as an anonymous tipster.

The actual text read: " ‘IDK if school is out RN, but there's a guy with a loaded gun at Yeto.’ " "Yeto" referred to Sam Yeto High School a "credit recovery school" located on the Fairfield High campus. Vice Principal Cushman interpreted the text as stating, "I don't know if school out right now, but there's a kid with a loaded gun on Yeto campus."

After advising his secretary to call the police, Vice Principal Cushman immediately went to the Yeto campus, to report the message to that school's principal, Sherry McCormick. Shortly after he arrived at Yeto, Vice Principal Cushman was met by Fairfield Police Officer, Paula Gulian, the campus resource officer for Fairfield High.

Officer Gulian testified that she received a report from Vice Principal Cushman that a male student had a gun at the Yeto campus. As per police protocol, Officer Gulian called for a backup officer. In the meantime, Officer Gulian told Vice Principal Cushman to contact the student tipster for more information. At approximately 1:40 p.m., Vice Principal Cushman called the student tipster. The student seemed "anxious" and "surprised" to receive a call from Vice Principal Cushman, but she responded to his questions. The student told Vice Principal Cushman that she had received a message via the social media application, SnapChat, with a video showing a student, sitting in a classroom, displaying a gun and a magazine clip.

At approximately 1:42 p.m., Vice Principal Cushman saw the video. He believed, but was not certain, that he saw the video before the police went to talk with appellant in his classroom. Even without the video, Vice Principal Cushman felt "sure" that they "had the right person based on the description" he received from the student tipster. That description provided the suspect's gender, race, hair style. The student tipster said she knew who the suspect was, but did not know his name. The student tipster also said that the suspect wore dread locks and previously attended Fairfield High.

Officer Gulian testified that based on the information provided by the student tipster, Vice Principal Cushman and Principal McCormick came up with the names of two students who fit the description. When Vice Principal Cushman gave the names of the suspects to the student tipster, she identified appellant as the student in the video. Once Officer Quinn arrived as backup, he, along with Officer Gulian and Principal McCormick, went to appellant's classroom. Officer Gulian testified that she had not viewed the SnapChat video before going to appellant's classroom. Officer Gulian directed Principal McCormick to escort appellant from the classroom. When the principal and appellant emerged from the classroom, Officer Gulian removed appellant's backpack and handcuffed him.

Officer Gulian's search of appellant's person uncovered a bullet magazine in the left front pocket of his jeans; Officer Quinn found a nine millimeter Taurus semi-automatic in the shorts appellant was wearing under his jeans. The firearm was not loaded, but the magazine contained seven rounds of ammunition.

II. DISCUSSION

Appellant contends that the detention and search violated his Fourth Amendment right to be free from unreasonable search and seizure because Officer Gulian did not have reasonable suspicion that criminal activity was afoot or that he was armed and dangerous.

A. Legal Standards Governing Searches and Seizures on School Premises

The Fourth Amendment protects students on a public school campus against unreasonable searches and seizures. ( In re Randy G. (2001) 26 Cal.4th 556, 567, 110 Cal.Rptr.2d 516, 28 P.3d 239 ( Randy G. ); In re William G. (1985) 40 Cal.3d 550, 561, 221 Cal.Rptr. 118, 709 P.2d 1287 ( William G. ); In re Sean A. (2010) 191 Cal.App.4th 182, 186, 120 Cal.Rptr.3d 72 ( Sean A. ).) "A search of a child's person or of a closed purse or other bag carried on her person, no less than a similar search carried out on an adult, is undoubtedly a severe violation of subjective expectations of privacy." ( New Jersey v. T.L.O. (1985) 469 U.S. 325, 337-338, 105 S.Ct. 733, 83 L.Ed.2d 720, fn. omitted ( T.L.O. ).) It is well settled that the actions of public school officials are "subject to the limits placed on state action by the Fourteenth Amendment." ( T.L.O., supra, 469 U.S. at p. 334, 105 S.Ct. 733 ; William G., supra, 40 Cal.3d at pp. 558-559, 221 Cal.Rptr. 118, 709 P.2d 1287.) Public school officials "must therefore respect the constitutional rights of students in their charge against unreasonable searches and seizures." ( William G., supra, 40 Cal.3d at p. 561, 221 Cal.Rptr. 118, 709 P.2d 1287.) Unless "special needs, beyond the normal need for law enforcement," make constitutional requirements "impracticable." ( T.L.O., supra, 469 U.S. at p. 351, 105 S.Ct. 733 (conc. opn. of Blackmun, J.)), a school official's conduct is subject to the same constitutional standards as that of any other government official. Such " ‘[s]pecial needs' exist ‘in the public school context.’ " ( Randy G. , supra, 26 Cal.4th at p. 565, 110 Cal.Rptr.2d 516, 28 P.3d 239, quoting Vernonia School District 47J v. Acton (1995) 515 U.S. 646, 653, 115 S.Ct. 2386, 132 L.Ed.2d 564 ( Vernonia ).)

In practice, a public school student's legitimate expectation of privacy is balanced against the school's obligation to maintain discipline and to provide a safe environment for all students and staff. ( T.L.O., supra, 469 U.S. at p. 339, 105 S.Ct. 733 ; In re Cody S. (2004) 121 Cal.App.4th 86, 90, 16 Cal.Rptr.3d 653 ( Cody S. ).) Accordingly, a school official may detain a student for questioning on campus, without reasonable suspicion, so long as the detention is not arbitrary, capricious, or for the purpose of harassment. ( Randy G., supra, 26 Cal.4th at p. 565, 110 Cal.Rptr.2d 516, 28 P.3d 239.) A school official may search a student's person and personal effects based on "a reasonable suspicion that the search will disclose evidence that the student is violating or has violated the law or a school rule." ( Cody S., supra, 121 Cal.App.4th at p. 91, 16 Cal.Rptr.3d 653.) For purposes of Fourth Amendment analysis, "school officials" include police officers such as Officer Gulian who are assigned to high schools as resource officers. ( In re William V. (2003) 111 Cal.App.4th 1464, 1471, 4 Cal.Rptr.3d 695 ( William V. ).)

"On appeal from a ruling denying a motion to suppress evidence, we ‘exercise our independent judgment to determine whether, on the facts found by the court, the search was reasonable under the Fourth Amendment [of the United States Constitution (the Fourth Amendment) ].’ [Citation.] If any findings of fact are challenged, we apply a substantial evidence standard of review. [Citation.]" ( Sean A., supra, 191 Cal.App.4th at p. 186, 120 Cal.Rptr.3d 72.)

B. The Detention Did Not Violate the Fourth Amendment

Appellant contends that the "arbitrary and capricious" standard of Randy G. does not apply because he was detained by two police officers, but only one was an acting campus resource officer. He further argues that William V., which extends Randy G. to campus resource officers, does not apply because it involved a search, as opposed to a detention.

Preliminary, appellant's attempt to distinguish the standards applicable to searches and seizures fails. Although William V. involved a search rather than a seizure by a campus resource officer, "the test for assessing the reasonableness of official conduct under the Fourth Amendment is essentially the same: ‘it is necessary "first focus upon the governmental interest which allegedly justifies official intrusion upon the constitutionally protected interests of the private citizen," for there is "no ready test for determining...