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STATE EX REL. JUV. DEPT. v. M.A.D.

(CC 031120J02; CA A132290; SC S057403).

233 P.3d 437 (2010)

348 Or. 381

In the Matter of M.A.D., a Youth. STATE ex rel. JUVENILE DEPARTMENT OF CLACKAMAS COUNTY, Petitioner on Review, v. M.A.D., Respondent on Review.

Supreme Court of Oregon, En Banc.

Decided June 10, 2010.

Attorney(s) appearing for the Case

Paul L. Smith, Assistant Attorney General, Salem, argued the cause and filed the brief for petitioner on review. With him on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Angela Sherbo, Juvenile Rights Project, Portland, argued the cause and filed the brief for respondent on review.

Morgan Smith, Salem, filed a brief for amicus curiae Oregon School Boards Association.

Nancy J. Hungerford, The Hungerford Law Firm, Oregon City, filed a brief for amici curiae Centennial School District, Eagle Point School District, Hermiston School District, and Neah-Kah-Nie School District.

Professor Carrie Leonetti, pro hac vice, University of Oregon School of Law, Eugene, and Rankin Johnson IV, Portland, filed a brief for amicus curiae Oregon Criminal Defense Lawyers Association.

BALMER, J.

This juvenile delinquency case requires us to decide when a public school official's search of a high school student for illegal drugs is permissible under Article I, section 9, of the Oregon Constitution. We conclude that, when school officials at a public high school have a reasonable suspicion, based on specific and articulable facts, that an individual student possesses illegal drugs on school grounds, they may respond to the immediate risk of harm...

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