Cason v. Cook
810 F.2d 188, 37 Educ. L. Rep. 473 (1987)
Premium Feature
Subscribe to Lexplug to listen to the Case Podcast.
Rule of Law:
The Fourth Amendment's 'reasonableness' standard, established in New Jersey v. T.L.O., applies to a search of a student conducted by a school official, even when that official acts in conjunction with a police officer, provided the investigation is initiated by the school and the police involvement is minimal.
Facts:
- On May 17, 1983, two students at North High School separately reported to Vice-Principal Connie Cook that items, including a wallet with $65, a coin purse, and sweatpants, had been stolen from their lockers.
- A police liaison officer, Wanda Jones, was with Cook when these reports were made.
- Cook investigated by interviewing students in the locker room, who identified Shy Cason and three other students as having been in the locker area without permission around the time of the thefts.
- Cook, accompanied by Jones, removed Cason from her classroom and took her into a locked restroom for questioning.
- After Cason admitted being in the locker room but denied the theft, Cook searched Cason's purse by dumping its contents onto a shelf.
- The search of the purse revealed a coin purse that exactly matched the description of the one reported stolen.
- Following the discovery of the coin purse, Officer Jones conducted a pat-down search of Cason.
- Cook also conducted a search of Cason's locker.
Procedural Posture:
- Shy Cason filed a lawsuit under 42 U.S.C. § 1983 against Connie Cook, Wanda Jones, and others in the U.S. District Court for the Southern District of Iowa (a federal trial court).
- The case proceeded to a trial.
- At the close of all evidence, the district court granted a directed verdict in favor of the defendants (Cook, et al.), finding no constitutional violation.
- Shy Cason (appellant) appealed the directed verdict to the U.S. Court of Appeals for the Eighth Circuit.
Premium Content
Subscribe to Lexplug to view the complete brief
You're viewing a preview with Rule of Law, Facts, and Procedural Posture
Issue:
Does the Fourth Amendment's 'reasonableness' standard, rather than the more stringent probable cause standard, apply to a search of a student conducted by a school official who is acting in conjunction with a police liaison officer?
Opinions:
Majority - Nichol, Senior District Judge
Yes, the reasonableness standard applies. The court held that applying the probable cause and warrant requirement in this situation would undermine the need for 'swift and informal disciplinary procedures' in schools, a key rationale from New Jersey v. T.L.O. The court determined that the investigation was not conducted 'at the behest of' law enforcement; rather, Vice-Principal Cook initiated and led the entire inquiry based on reports made to her. Officer Jones's involvement was limited and secondary; she did not participate in the initial questioning and only conducted the pat-down search after Cook's search of the purse revealed incriminating evidence. Therefore, because the school official was the primary actor and the police involvement was marginal, the less stringent reasonableness standard from T.L.O. was the appropriate legal benchmark for the search.
Analysis:
This decision clarifies and extends the Supreme Court's ruling in New Jersey v. T.L.O. by addressing the standard for searches involving both school officials and law enforcement. It establishes that the mere presence of a police officer does not automatically trigger the higher probable cause standard, so long as the school official maintains control of the investigation. This provides school administrators and police liaison officers with greater latitude to conduct searches based on reasonable suspicion. However, it also leaves the door open for future challenges where police involvement is more substantial, creating a factual inquiry into which party was the primary actor in the search.
Unlock the full brief for Cason v. Cook