OR: Suspected gun in school backpack permits its search, even after removed from student for good

Allegations of a gun in a backpack at school permit a search of the backpack, even if the backpack was removed from the possession of the student. “[T]he scope of a permissible school-safety search is determined by what is reasonable under the perceived circumstances, which, in turn, depends on the nature of the safety threat. [T.L.O.] at 392 n 5.’ For example, a ‘reasonable suspicion that the person searched is carrying a rifle’ would ‘not ordinarily be sufficient to justify a strip search of the person or a search of the person’s wallet.’ Id.” In re A. J. C., 2013 Ore. App. LEXIS 122 (January 30, 2013):

Here, Smith was confronted with an immediate threat both to a named student and to the general safety of the school. As noted, Glader told Smith that, in addition to V, youth might have threatened other, unidentified students. Smith did not know the type or size of the gun that youth reportedly had brought to school or the manner in which youth possessed it. That is, Smith did not know whether youth was carrying the gun on his person, had the gun in his backpack, or had concealed it somewhere else inside the school. Thus, Smith was faced with the choice of returning the unopened backpack to youth, his mother, or the family friend, searching elsewhere in the school, or searching youth’s person. Smith chose to search the backpack, and, in light of the other options, that choice was reasonable; it was the most likely to reveal a gun and dissipate the safety threat without further intrusions or delay. For those reasons, in light of the nature of the safety threat, Smith’s decision to search youth’s backpack was reasonable.