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Mildred Meister v. Paul Fisher

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eBook details

  • Title: Mildred Meister v. Paul Fisher
  • Author : Supreme Court of Florida
  • Release Date : January 20, 1984
  • Genre: Law,Books,Professional & Technical,
  • Pages : * pages
  • Size : 59 KB

Description

In this appeal from an order of commitment for juvenile delinquency, F.P. challenges the trial courts denial of his motion to suppress physical evidence which he claims was produced as the result of a warrantless search, and statements he made to a police officer immediately after the search. The State contends that appellant voluntarily produced the evidence without coercion, and that even if the actions of the School Resource Officer were considered a search without appellants consent, they satisfied the "reasonableness" standard for searches conducted by school officials enunciated by the United States Supreme Court in New Jersey v. T.L.O., 469 U.S. 325, 83 L. Ed. 2d 720, 105 S. Ct. 733 (1985), and therefore the State did not need to prove that there existed probable cause to believe that the search would produce evidence of a crime, the stricter standard applicable to police searches. We hold that the "school official exception" is not applicable under the factual circumstances of this case, and remand for clarification of the trial judges ruling.


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