COMMONWEALTH v. DAMIAN D., A JUVENILE


434 Mass. 725 (2001)

COMMONWEALTH v. DAMIAN D., a juvenile.

Supreme Judicial Court of Massachusetts, Suffolk.

August 10, 2001.


Attorney(s) appearing for the Case

Kenneth J. King for the juvenile.

Joseph M. Ditkoff, Assistant District Attorney, for the Commonwealth.

The following submitted briefs for amici curiae:

Peter M. Onek, Committee for Public Counsel Services, for Committee for Public Counsel Services.

Brigid Kennedy-Pfister for The Children's Law Center of Massachusetts, Inc.

Thomas F. Reilly, Attorney General, Barbara F. Berenson, & Pamela L. Hunt, Assistant Attorneys General, for the Attorney General.

Present: MARSHALL, C.J., GREANEY, IRELAND, SPINA, COWIN, SOSMAN, & CORDY, JJ.


CORDY, J.

This case presents the question whether, consistent with the Fourth Amendment to the United States Constitution and art. 14 of the Massachusetts Declaration of Rights, a public school administrator may search a student premised solely on that student's violation of a school rule unrelated to the possession of contraband or the threat of violence. We hold that, in the circumstances of this case, the search of the student was unreasonable and therefore barred...

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