1. Search and Seizure--juvenile on school grounds--not a
student--officer involvement--reasonableness
The trial court properly denied a juvenile's motion to
suppress in a proceeding based upon an allegation that she was in
possession of a knife on school property where a substitute
teacher relayed to the principal an overheard conversation that a
group of girls were coming onto the campus at the end of the day
for a fight; the principal and several officers found four girls
in a parking lot where their presence was unusual; and an
eventual search in the principal's office revealed the knife.
In balancing the students' privacy interest against the
principal's obligation to maintain both a safe and educational
environment, the facts of this case weigh in favor of applying
the standard of New Jersey v. T.L.O., 469 U.S. 325, even though
some of the students were not from that school. Moreover, the
T.L.O. standard should apply when school officials bring police
officers into the school setting because the officers are there
to assist the school in creating and sustaining a safe
environment conducive to learning. Given the totality of the
evidence, the officers' involvement here was minimal relative to
the actions of the principal.
2. Juveniles--delinquency--possession of knife on school
property--sufficiency of evidence
There was sufficient evidence to support a juvenile's
conviction for possessing a knife on school property where she
contended that the parking lot where she first encountered the
principal was not educational property because a city bus stop
was located on the property, but the principal testified that the
parking lot was school property. In reviewing a challenge to the
sufficiency of evidence, the evidence must be viewed in the light
most favorable to the State. N.C.G.S. § 14-269.2(d).
Attorney General Michael F. Easley, by Assistant Attorney
General George K. Hurst, for the State.
UNC Clinical Programs, by Joseph E. Kennedy, for juvenile-
appellant.
TIMMONS-GOODSON, Judge.
D.D. (juvenile) appeals from an order adjudicating her
delinquent and placing her on a one-year period of supervised
probation. For the reasons herein stated, we affirm juvenile's
adjudication of delinquency.
On 15 February 2000, a petition was filed alleging that
juvenile was delinquent, in that she unlawfully, willfully did
possess[] a knife on educational property, Hillside High School
(Hillside) in violation of North Carolina General Statutes
section 14-269.2(d). During 4 April 2000 adjudication hearing,
juvenile moved to suppress the knife referenced in the petition.
Pursuant to juvenile's motion, the trial court conducted a voir
dire of Hillside's principal, Hermitage Hicks (Principal Hicks),
and juvenile.
Principal Hicks testified that on 11 January 2000, a
substitute teacher overheard a conversation among a group of
students during in-school suspension and related the substance of
that conversation to the principal. According to the substitute
teacher, a group of girls was coming onto Hillside's campus to
fight at the end of the school day. The substitute teacher further
related to Principal Hicks the name of one Hillside student who the
students noted would be involved in the fight.
In response to the teacher's comments, Principal Hicks got
with Hillside's resource officer, Officer May, approximately ten
minutes prior to the end of the school day and made him aware of
what the situation was. Officer May and Principal Hicks stationedthemselves at opposite ends of the Hillside school building.
As Principal Hicks observed the front end of campus from his
office, he noticed four female students in the parking lot.
Principal Hicks testified that the females' presence in the lot was
unusual for that time of the day, because students were not allowed
in that parking lot without permission from an administrator.
Principal Hicks recognized only one of the females as a Hillside
student.
Principal Hicks stated that the parking lot was property of
Hillside and only senior students, faculty, and visitors were
authorized to park in the lot. A city bus stopped in the parking
lot and thus, non-students could board buses from the lot.
Principal Hicks gathered Officer May, and two other police
officers, Officers Burwell and McDonald, and the four men walked to
the parking lot. Principal Hicks referred to Officer May as the
school resource officer. The principal referred to Officers
Burwell and McDonald as off-duty officers and specifically stated
that Officer Burwell was employed in our school. Officer Burwell
later testified at the adjudication hearing that he was the city
police officer assigned to Hillside as a security officer.
Juvenile testified on voir dire that the officers were in uniform
and were carrying guns.
By the time the principal and the officers reached the lot,
Hillside students had been dismissed from their classes and were
filtering into the parking lot. According to Principal Hicks, when
he and the officers arrived in the lot, the officers allowed himto confront the students. Principal Hicks then inquired of the
Hillside student what she was doing in the parking lot. The
student told the principal that she had had an appointment and
that she had met these three girls that were with her up at the bus
stop on Fayetteville Street and they had walked to school with her.
But she was just coming to get her books out of her locker.
According to Principal Hicks, the Hillside student stated that
she knew she was in an unauthorized area. As Principal Hicks
confronted the Hillside student, the other three girls became very
talkative and one of them became profane and vulgar. According
to Principal Hicks, the females had a don't careish [sic]
attitude, and he and the officers had to listen to all this back
talk. The principal further recalled that the students were
joking about not being in school. As the students kept trying to
walk away, the officers were there to tell them to 'hold on.'
Principal Hicks testified that while he questioned the girls, other
than telling the students to hold on, he could not remember the
officers speaking to the students, as they are there to assist
[school officials] and that we are in control of the school. So we
should be the front person in that kind of thing.
Principal Hicks then began to ask the girls for their names.
The principal used a cellular telephone to call the Durham Public
Schools' central office and determined that the names given by the
students were false. He then asked the three girls for the name of
the school they attended. Principal Hicks testified that he called
the school referenced by the three girls, and determined that they
did not go to that particular school. Principal Hicks thentestified that he called the Learning Center, and confirmed that
the girls attended the Learning Center. Principal Hicks further
attempted to contact the Learning Center's principal, but was
unable to do so at that time. Principal Hicks testified that he
was not going to let the girls leave because:
Based on the information that I had within my
mind and my frame of thought at that
particular time, I knew of no school in our
school system that would have dismissed and
allowed students to have been on my campus at
that time.
And I feel an obligation when they are on
my campus to call and try to see where they
should be in school. . . . [I was not going to
let them leave] '[t]ill I got some information
as to where they attended school and why they
were not in school.
In addition, Principal Hicks testified that he had to make reports
when [he found] students from another school on [his] campus like
that. The principal likewise expressed concern that because he
was aware that when students come on the school's campus to fight,
sometimes they bring things to use.
At some point during the encounter, Officer May requested
permission from one of the female students, S.J., to search her
purse. Principal Hicks testified that he did not remember
specifically where the search of S.J.'s purse took place, either
later in his office or in the parking lot. Juvenile subsequently
testified on voir dire that the search of the purse occurred in the
parking lot and that before S.J. could give Officer May her purse,
the officer grabbed the purse from S. J.'s shoulder. Upon
searching the purse, the officer discovered a box cutter.
The principal and the officers took the four [girls] over to[his] office. Principal Hicks testified th
at from the time he and
the officers first confronted the students until they left for the
office, the students had moved a third of the way across the
parking lot toward the street.
Upon arriving in his office, Principal Hicks contacted the
principal of what he called the Alternative School. As he was
receiving the necessary information from the other school,
Principal Hicks told the officers, Since I have information that
they were coming here to fight, then I think I have a reason to ask
them what they have on their persons. The officers agreed, and
Principal Hicks asked juvenile and the other girls to empty their
pockets. Subsequent trial testimony revealed the juvenile had a
knife in her pocket, which she placed on the principal's desk.
Officer Burwell later testified at the adjudication hearing that he
and Principal Hicks made the decision to charge juvenile.
Juvenile testified on voir dire that school had just let out
of session when she and the other individuals entered campus. She
further testified that prior to being approached by the principal
and the three officers, she was leaving to go home via the city bus
that stopped in the parking lot. According to juvenile, she and
two of the other girls were enrolled at the High School Learning
Center and that she had attended school that day. Juvenile
testified that the female students who came onto the Hillside
campus after school had been dismissed for the purpose of allowing
the one Hillside student to retrieve her possessions. Juvenile
stated that she remained in the parking lot because she missed the
bus, and she and the other females were crossing the street tocatch another bus. Juvenile further stated that when the group was
approached by Principal Hicks and the officers, they were
attempting to leave the lot.
Following juvenile's voir dire testimony and arguments from
counsel, the trial court denied juvenile's motion to suppress. The
court concluded the following:
The case [New Jersey v. T.L.O., 469 U.S. 325,
83 L. Ed. 2d 720 (1985)] does not apply.
Those were not students of Mr. Hicks [sic].
However, you have to look at the facts as
they existed at the time of Mr. Hicks [sic]
and the subsequent activity.
Mr. Hicks has a right to talk to any
person who is not a student who is on Hillside
property, which is what he did.
[Juvenile's] testimony is that the bus
was gone. She was not there for the bus. They
were leaving because they had missed that bus.
They weren't on the property for the purpose
of obtaining a ride from the bus. She
testified to that herself.
So, she is on school property. She is not
a student at Hillside. He knows that she is
not a student at Hillside. That was his
testimony. And he does have a right to talk
to anybody who is a potential trespasser on
the school property. He talked to her.
She has no standing to contest the search
of [S.J.'s] purse. None whatsoever. A weapon
was discovered in [S.J.'s] purse. [Juvenile]
was with [S.J.].
And so I agree, the detention of non-
students in the school was in that nature of
an arrest. They were detained without
permission to leave and at that point the
standard has to become in their minds they
literally were detained and, therefore,
arrested.
And so the standard changes obviously and
he has to show that he has a right to searchthat individual. And if you view a detention
as an arrest, it's a search incident to
arrest. And if that is . . . (End of tape 1).
(Beginning of Tape 2) . . . to conduct a
search incident to an arrest and a weapon was
discovered.
The trial court denied juvenile's motion to dismiss at the close of
the State's evidence. The juvenile was adjudicated delinquent and
placed on supervised probation for one year subject to certain
conditions. Juvenile appeals.
We recognize that one who is not a student such as juvenile,
certainly retains a degree of privacy when traveling to other
campuses during school hours. We further recognize that one who is
not a student does not have the relationship with school officials
from other schools that they possess with those within their own
schools. See T.L.O., 469 U.S. at 349, 83 L. Ed. 2d at 740 (Powell,
J., concurring) (noting that there exists a commonality of
interests between teachers and their pupils and that the teacher
has a sense of personal responsibility for the student's welfare
as well as for his education). However, in the present case, the
school official testified that he had an obligation to report the
non-students' unauthorized presence on his campus, thus having
some, albeit slight, control and custodial relationship with non-
Hillside students. Furthermore, the school-aged students who were
filtering into the parking lot at the time of the encounter,
represented a possible threat to their own safety, as well as a
threat to the school staff and student body.
In balancing the non-Hillside students' privacy interest
against Principal Hicks' obligation to maintain both a safe and
educational environment, the facts of this particular case weigh in
favor of applying the T.L.O. reasonableness standard. Furthermore,we agree with the State that not applying T.L.O. to the fa
cts
presented sub judice could lead to absurd results. It is difficult
to imagine, given Principal Hicks' obligations in the school
setting, that our law would prohibit him from approaching the non-
Hillside students and taking further action simply based upon the
students' status as non-Hillside students. As such, we conclude
that, contrary to the trial court's reasoning, the T.L.O. standard
should have been applied to the search of juvenile, despite her
status as a non-Hillside student.
Juvenile argues that T.L.O. does not apply to the present case
because Principal Hicks was acting at the direction of law
enforcement officers and not by his own volition. In support of
her argument, juvenile notes that contrary to the present case,
T.L.O. involved a search by a school official with no law
enforcement involvement.
We recognize that the T.L.O. Court expressly limited its
holding to situations where the search of a student was conducted
solely by a school official. See T.L.O., 469 U.S. at 341 n.7, 83
L. Ed. 2d at 735. However, since the Supreme Court handed down the
T.L.O. decision, courts have applied T.L.O.'s lower standard to
school searches that concern various degrees of law enforcement
involvement. In determining whether to apply the T.L.O. standard,
courts consider the role of law enforcement agent, as well as the
nature and extent of the officer's participation in the
investigation and search[.] In Re Josue T., 989 P.2d 431, 436(N.M. Ct. App.), cert. denied, 128 N.M. 149, 990 P.2d 823
(1999).
Generally, school search cases fall into three categories.
First, courts apply the T.L.O. reasonableness standard to those
cases where a school official initiates the searches on his own or
law enforcement involvement is minimal. Angelia, D.B., 564 N.W.2d
at 687. Courts characterize these cases as ones in which the
police officers act in conjunction with the school official. See
Cason v. Cook, 810 F.2d 188, 192 (8th Cir.), cert. denied, 482 U.S.
930, 96 L. Ed. 2d 704 (1987).
More recently, the T.L.O. standard has also been applied to
cases where a school resource officer conducts a search, based upon
his own investigation or at the direction of another school
official, in the furtherance of well-established educational and
safety goals. Id.; People v. Dilworth, 661 N.E.2d 310 (Ill. 1996),
cert. denied, 517 U.S. 1197, 134 L. Ed. 2d 793 (1996); J.B., 719
A.2d at 1961 (Pa. Super. 1998); see Angelia D.B., 564 N.W.2d at
688. Generally, cases applying the T.L.O. standard to searches
conducted pursuant to the school police officer's own
investigation, do so where the officer is 'employed by a school
district[,]' and [is] 'ultimately responsible to the school
district,' rather than the local police department. 4 Wayne R.
LaFave, Search and Seizure § 10.11, at 144 (3d ed. 1996 & Supp.
2001) (quoting Dilworth, 661 N.E.2d at 323 (Nickels, J.,
dissenting)); See State v. D.S., 685 So.2d 41, 43 (Fla. Dist. Ct.App. 1997) (even if school police officer had directed,
participated, or acquiesced in the search the T.L.O. standard
applies because "school police officer is a school official who is
employed by the district School Board).
Courts draw a clear distinction between the aforementioned
categories of cases and those cases in which outside law
enforcement officers search students as part of an independent
investigation or in which school official search students at the
request or behest of the outside law enforcement officers and law
enforcement agencies. Angelia D.B., 564 N.W.2d at 687. Courts do
not apply T.L.O. to these cases but instead require the traditional
probable cause requirement to justify the search. See, e.g., F.P.
v. State, 528 So.2d 1253 (Fla. Dist. Ct. App. 1988); State v.
Tywayne H., 933 P.2d 251 (N.M. Ct. App. 1997), cert. denied, 123
N.M. 83, 934 P.2d. 277 (1997); In Interest of Thomas B.D., 486
S.E.2d 498 (S.C. App. Ct. 1997). The purpose of the search
conducted by so-called 'outside' police officers is not to
maintain discipline, order, or student safety, but to obtain
evidence of a crime. Josue T., 989 P.2d at 436-37 (citation
omitted).
Our appellate courts have never directly examined the role of
law enforcement in school searches as it relates to the application
of the T.L.O. standard. However, in Murray, 136 N.C. App. 648, 525
S.E.2d 496, this Court applied the lower T.L.O. standard where an
assistant principal requested that a school resource officerhandcuff an uncooperative and disruptive student, enabling her to
search the student's book bag. The Murray Court found that the
school resource officer simply acted to enable [the assistant
principal] to obtain the bag and search it[,] and therefore did
not search the bag himself, nor did he conduct any investigation on
his own. Id. at 650, 525 S.E.2d at 498. This Court concluded
that because the search in question was conducted by the school
official, T.L.O. squarely applied. Id.
Juvenile argues that Murray is distinguishable from the
present case because several facts indicate that the search at
issue not only involved police officers, but that the officers
actually directed the conduct of the principal. To support her
argument, juvenile notes, inter alia, that in the present case, the
three officers were present during the entire event. Principal
Hicks sought the officer's guidance throughout the entire
encounter. One officer searched the purse of one of the other
females, and the officers prevented the females from leaving the
parking lot. Given the depth of the officers' involvement,
juvenile argues that the lower T.L.O. standard applicable in Murray
does not apply to the case sub judice. We disagree.
We recognize that there are distinctions between the situation
existing in Murray and the one presented by the case sub judice.
However, the Murray Court did not limit the application of the
T.L.O. reasonableness standard to the facts of that case.
Furthermore, in finding the T.L.O. standard applicable, the MurrayCourt referenced cases from other jurisdictions in w
hich courts
concluded that T.L.O.'s standard applied where a police officer
works in conjunction with school officials, in varying degrees, to
maintain a safe and educational environment. Cason, 810 F.2d at
192; see also Martens v. District No. 220, Bd. of Educ., 620 F.
Supp. 29 (N.D. Ill. 1985); Coronado v. State, 806 S.W.2d 302 (Tex.
App. 1991), rev'd on other grounds, 835 S.W.2d 636 (Tex. Crim. App.
1992).
The application of T.L.O. in situations where law enforcement
acts in conjunction with school officials is based on the premise
that
[a] police investigation that includes the
search of a public school student, when the
search is initiated by police and conducted by
police, usually lacks the commonality of
interests existing between teachers and
students. But when school officials, who are
responsible for the welfare and education of
all of the students within the campus,
initiate an investigation and conduct it on
school grounds in conjunction with police, the
school has brought the police into the school-
student relationship.
Angelia, D.B., 564 N.W.2d at 688 (quoting T.L.O., 469 U.S. at 350,
83 L. Ed. 2d at 740) (citation omitted). When school officials
bring police officers into the school setting, officers are to
assist the school administration in creating and sustaining a safe
environment conducive to learning. Josue T., 989 P.2d at 437. As
noted supra, school officials' duty to protect students and their
teachers from behavior that threatens their safety has become a
difficult task [w]ith the growing incidence of violence anddangerous weapons in school. Angelia D.B., 564 N.W.2d at 689
(citations and footnotes omitted). It could be hazardous to
discourage school officials from requesting the assistance of
available trained police [officers], as teachers and other school
officials are generally ... untrained in proper pat down
procedures or in neutralizing dangerous weapons. Id., 564 N.W.2d
at 690.
We are persuaded by the aforementioned reasoning that the
T.L.O. standard should apply in this jurisdiction where the
officers act in conjunction with school officials. We are
likewise convinced that such was the situation existing in the case
sub judice.
These facts notwithstanding, we conclude that given the
totality of the evidence, the officers' involvement was minimal
relative to the actions of Principal Hicks and that at most, the
officers acted in conjunction with the principal to further his
obligations to maintain a safe, educational environment and to
report truants from other schools. None of the officers initiated
any investigation, nor were the officers directing Principal Hicks
in an investigation to collect evidence of a crime. Rather,
Principal Hicks gathered them together and requested their
assistance in determining whether information received from the
substitute teacher would materialize. Instructing the females to
hold on when they attempted to walk away in the parking lot did
not amount to an unauthorized detention by the officers, as
juvenile argues on appeal, but simply enabled Principal Hicks tofurther investigate his suspicions. One officer requested to
search one of the student's personal items and grabbed her purse
before she could take it off her shoulder. Assuming, arguendo,
that such a request amounted to an unauthorized search, juvenile,
who was not the subject of the search, has no standing to challenge
the propriety of that search on appeal. State v. Hudson, 103 N.C.
App. 708, 407 S.E.2d 583 (1991), disc. review denied, 103 N.C. 615,
412 S.E.2d 91 (1992). Most importantly, given the aforementioned
facts, there was no basis for thinking that [Principal Hicks']
action was a subterfuge to avoid warrant and probable cause
requirements, Marten, 620 F. Supp. at 32; nor does the situation
in the present case represent an effort to mask an investigation by
outside police officers. Compare Tywayne H., 933 P.2d at 254
(finding probable cause, not T.L.O., standard applicable where
outside officers hired by school-affiliated club for security-
detail at school dance conducted a search on their own and with
little contact with school officials); F.P., 528 So.2d at 1254
(finding likewise where outside police officer investigating auto
theft requested and received assistance of school resource
officer).
Evidence gleaned from the suppression voir dire revealed
little about the role of the officers in the school. However, it
is reasonable to infer that at the very least the official duties
of Officer May, referred to as the school's resource officer, were
to assist in maintaining a safe and proper educational
environment[.] Angelia, D.B., 564 N.W.2d at 690. Furthermore,Principal Hicks testified that he understood this to be the rol
e of
all of the officers. Given this understanding, Principal Hicks
sought their advice concerning certain police procedures, and we
determine that the law enforcement responses were appropriate. Not
allowing a school official to utilize the officers in such a manner
is illogical and indeed defeats the officers' purpose for being on
the school campus. See id. at 690. Given the circumstances
existing in the present case, we conclude that the law enforcement
officers acted in conjunction with Principal Hicks, and therefore
the T.L.O. reasonableness standard should apply to the present
case, despite law enforcement's involvement.
Finding T.L.O. applicable, we must next examine whether the
search of juvenile was reasonable under the circumstances
presented. Murray, 136 N.C. App. at 651, 525 S.E.2d at 499.
Determining the reasonableness of any search
involves a twofold inquiry: first, one must
consider whether the . . . action was
justified at its inception, . . . second,
one must determine whether the search as
actually conducted was reasonably related in
scope to the circumstances which justified the
interference in the first place[.] ibid.
Id. (quoting T.L.O., 469 U.S. at 341, 83 L. Ed. 2d at 734 (omission
in original) (citation omitted)). [A] search of a student by a
teacher or other school official will be 'justified at its
inception' when there are reasonable grounds for suspecting that
the search will turn up evidence that the student has violated or
is violating either the law or the rules of the school. T.L.O.,
469 U.S. at 341-42, 83 L. Ed. 2d at 734-35. The search is
permissible in its scope when the measures adopted are reasonablyrelated to the objectives of the search and not excessively
intrusive in light of the age and sex of the student and the nature
of the infraction. Id. at 342, 83 L. Ed. 2d at 735.
In the present case, Principal Hicks received certain
information that non-Hillside students would come onto the school's
campus to fight and that one Hillside student would be involved.
Based upon his prior experience, the principal knew that when
students come on campus to fight, they usually bring weapons with
them to use. Furthermore, as found by the trial court, the
principal had an obligation to confront any trespasser visiting the
Hillside campus. As discussed supra, this obligation extended
specifically to non-Hillside students, whose unauthorized presence
Principal Hicks testified he was required to report.
Based upon the information possessed by Principal Hicks, he
confronted the students, attempting to confirm or dispel any
suspicion he had regarding the substitute teacher's information.
The students were evasive, profane, and gave false names. Unable
to dispel the possible suspicion that the student-aged females had
come to fight and following the discovery of a weapon in the purse
of one of the students, all of the students were escorted into the
school and asked to empty their pockets. These facts provided
Principal Hicks with sufficient grounds to believe that taking
further action would reveal evidence of a crime or school rule
violation.
Juvenile argues, based upon Florida v. J.L., 529 U.S. 266, 146
L. Ed. 2d 254 (2000), that Principal Hicks' approach and subsequentsearch were not justified because they were based upon an anonymous
tip. We disagree. In J.L., an anonymous caller reported to the
local police department that a young black male standing at a
particular bus stop and wearing a plaid shirt was carrying a gun.
Id. at 268, 146 L. Ed. 2d at 259. Officers approached a group of
black males at the bus stop, observed defendant in a plaid shirt,
and without observing anything suspicious, frisked defendant and
seized a gun from his pocket. Id. The Supreme Court found that
the anonymous tip, with nothing more, did not constitute a
reasonable suspicion and therefore did not justify the subsequent
frisk of defendant. The Court reasoned that [u]nlike a tip from
a known informant whose reputation can be assessed and who can be
held responsible if her allegations turn out to be fabricated, 'an
anonymous tip alone seldom demonstrates the informant's basis of
knowledge or veracity.' Id. at 270, 146 L. Ed. 2d at 260 (quoting
Alabama v. White, 496 U.S. 325, 329, 110 L. Ed. 2d 301, 308
(1990)(citations omitted)).
J.L. is simply inapplicable in the present case. Assuming
arguendo that information from the substitute teacher can be
considered an anonymous tip, it was not the basis of an immediate
stop and frisk or search of the female students. Rather, the
information received from the substitute teacher placed Principal
Hicks on alert that disruptive activity may take place in a parking
lot. The principal confronted the students based upon his
authority to approach any trespasser on Hillside property and not
solely based upon the substitute teacher's information. Only afterhis original suspicions were not dispelled, but indeed heightened
by the behavior of the students and their false answers to
reasonable questions were the students taken into the principal's
office.
Juvenile further argues that her detention and subsequent
search of her cohorts was not reasonable because a public bus stop
exists in the parking lot. We also disagree with this argument.
We recognize that testimony at the suppression voir dire concerning
the location of the city bus stop and the females' location in
relation to that city bus stop was, at best, ambiguous. However,
the location of the bus stop in the parking lot does not abrogate
Principal Hicks' duty to record the truancy of school-aged
individuals. Furthermore, Principal Hicks maintained that the
parking lot was school property and that students were not
authorized to be in the lot when he noticed the presence of the
Hillside student and her companions. Given these facts, we cannot
say that approaching the students was unreasonable, despite the
location of a bus stop in the lot.
Concerning part two of the T.L.O. reasonableness test, we
conclude that the scope of the search in question was not
unnecessarily intrusive in light of the circumstances. The non-
Hillside students became profane and disruptive in the parking lot,
as Principal Hicks attempted to question the Hillside student and
further ascertain which school the girls attended. The girls joked
about not being in school. As noted by Principal Hicks, he and the
officers had to listen to a lot of back talk. After Principal
Hicks could not ascertain necessary information from brief cellularphone calls and when Officer May found the box cutter, concern for
student safety was heightened. Escorting the females to the
office, where the principal could obtain more information without
the distractions of a parking lot, and then simply requesting the
students to empty their pockets was not unnecessarily intrusive.
Accordingly, we conclude that the trial court properly denied
juvenile's motion to suppress.
By her second assignment of error, juvenile contends that the
trial court erred in denying her motion to dismiss based upon the
insufficiency of the evidence. Juvenile first argues that because
the knife discovered on her person was improperly admitted, there
was no evidence to support her adjudication for possession of a
weapon on educational property. Given our resolution of juvenile's
first assignment of error, we find juvenile's contention to be
wholly without merit.
[2]Juvenile next contends that there was insufficient
evidence to support her conviction because there no evidence
indicating that she possessed a knife on Hillside property.
Juvenile argues that the parking lot was not educational
property, as specified by the statutory authority under which she
was adjudicated delinquent, because a city bus stop was located on
the property. We disagree.
In reviewing a challenge to the sufficiency of evidence, we
must determine whether there was substantial evidence to support
the adjudication, viewing the evidence in the light most favorable
to the State and giving it the benefit of all reasonable
inferences. State v. Fritsch, 351 N.C. 373, 378-79, 526 S.E.2d451, 455, cert. denied, 531 U.S. 890, 148 L. Ed. 2d 150 (2000)
.
The petition alleged that juvenile was delinquent in that she
violated North Carolina General Statutes section 14-269(d), which
prohibits the possession of certain specified weapons on
educational property. N.C. Gen. Stat. § 14-269.2(d) (1999).
Principal Hicks testified that the parking lot, in which he located
juvenile and her cohorts, was Hillside property. There was
evidence that a city bus stopped in the Hillside parking lot.
However, given Principal Hicks' testimony that the parking lot was
school property and construing all evidence concerning the nature
of the lot in the light most favorable to the State, juvenile's
argument fails, and we conclude that there was sufficient evidence
to support her conviction under section 14-269.2(d).
We note that in the order appealed, the trial court
incorrectly cited the statutory provision under which juvenile was
adjudicated delinquent as G.S. 14-269, rather than section 14-
269.2(d). Consequently, we remand the present appeal for the
limited purpose of allowing the trial court to make this clerical
correction in its order to reflect the proper statutory provision.
For the foregoing reasons, we affirm the juvenile's
adjudication of delinquency and remand for the limited purpose of
correcting the clerical error in the adjudication order.
Affirmed in part; remanded in part.
Judges CAMPBELL and JOHN concur.
*** Converted from WordPerfect ***