COMMONWEALTH v. SMITH

No. 07-P-446.

72 Mass. App. Ct. 175 (2008)

COMMONWEALTH v. AMENHOTEP SMITH.

Appeals Court of Massachusetts, Suffolk.

July 3, 2008.


Attorney(s) appearing for the Case

Jane E. Ross for the defendant.

Christine D. Salmon (John P. Zanini, Assistant District Attorney, with her) for the Commonwealth.

Present: KAFKER, TRAINOR, & SIKORA, JJ.


TRAINOR, J.

This case presents the question whether a public school administrator may search a student based on that student's violation of a school rule and of procedures that were intended to secure a safe learning environment within the school. On appeal, the defendant argues that his motion to suppress the firearm and ammunition that were discovered as a result of the search, improperly was denied because the public school administrator lacked the required basis...

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