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Click here for the full text of this decision FACTS:A hall monitor at Del Valle Junior High School in Travis County received a tip from an anonymous student that another student, K.C.B., had a plastic bag full of marijuana in his underwear. The hall monitor took K.C.B. to the assistant principal’s office where K.C.B. was told to remove his shoes and socks. The assistant principal asked K.C.B. to lift up his shirt, which he did. Then the assistant principal pulled the elastic on K.C.B.’s shorts and observed a plastic bag in the waistline. The bag had marijuana on it and K.C.B. was charged with possession of marijuana in a drug-free zone. K.C.B. moved to suppress the evidence, arguing that the search and seizure violated his rights under the Fourth Amendment and the state constitution. The trial court denied the motion, so K.C.B. pleaded true, and K.C.B. was given six months’ probation. HOLDING:Reversed and remanded. Searches of students by public school officials can be made upon a finding of reasonable suspicion, not the usual probable cause. The test, under New Jersey v. T.L.O., 469 U.S. 325 (1986), to determine whether the facts lead to reasonable suspicion requires a court to look at: 1. whether the action was justified at its inception; and 2. whether the search as actually conducted was reasonably related in scope to the circumstances that justified the original interference. The court ultimately determines that the search was not justified at its inception. The court finds there’s no test for determining reasonableness other than to balance the need to search or seize against the invasion that the search or seizure entails. The court notes that it has held previously that uncorroborated anonymous tips do not ordinarily rise to the requisite level of reasonable suspicion. The court says, though, that in this case, the stipulated facts do not make it clear whether the tip was truly anonymous or whether a known student asked the hall monitor not to reveal his or her name. The court then points out that anonymous tips of either sort would generally be justified if the tip involved the existence of a weapon on another student. The imminent risk of harm posed by the presence of a weapon in school makes immediate action more appropriate. The presence of drugs on a student, however, does not tip the balance far enough for the search in this case to be deemed justified at its inception. Immediacy of action is not as necessary as with a tip about a weapon. OPINION:Puryear, J. Kidd, Patterson and Puryear, JJ.

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