LA4: Search of student’s shoes for smoking in the boy’s room was excessive under T.L.O.

Defendant was charged with smoking in the boy’s room, and a school police officer searched his shoes finding a small quantity of drugs and marijuana. Searching the shoes was not shown to be reasonable under T.L.O. for the infraction under investigation, and the state failed in its burden of proof of showing the search of shoes reasonable for tobacco. State v. Taylor, 50 So. 3d 922 (La. App. 4th Cir. 2010).*

Defendant was not seized by officers who walked up in a nonthreatening manner where one said “‘Hey, what’s up’ or ‘Hey, what’s going on.’” He dropped (abandoned) a bag of drugs. State v. Stokes, 50 So. 3d 884 (La. App. 5th Cir. October 12, 2010).*

A CI gave information that a specifically described man was working a street corner selling drugs. The officer went to the area to watch the corner, and corroborated the CI by watching three apparent drug deals. There was thus reasonable suspicion for the stop. State v. Johnson, 52 So. 3d 110 (La. App. 5th Cir. 2010).*