LYNNWOOD — A Snohomish County judge convicted a teenage girl of bringing drugs to Meadowdale Middle School.
Then, on Dec. 3, a higher court struck down the conviction.
At the heart of the case is whether the then-assistant principal should have searched the girl’s backpack. Courts have often ruled that school authorities can go through students’ belongings on campus without a search warrant.
But the state Court of Appeals said this case was different. The girl’s backpack shouldn’t have been opened, and what was found shouldn’t have been used as evidence, the court found.
State law says school officials are allowed to make a search without a warrant under certain circumstances: If the student’s history supports evidence of a violation; if there is a need to perform a search without delay; and if there is reliable information that there may be wrongdoing.
The girl reportedly was carrying marijuana, which is illegal for minors, when she went to the campus in April 2016, according to the charges in Snohomish County juvenile court. The girl, who was 14 at the time, wasn’t a student there. School staff had heard that she may have threatened someone who did go there.
The assistant principal brought her into the office when he saw her passing by and asked why she was there. She was uncooperative and started yelling at him, court papers show. The school called police.
Before officers arrived, he said he smelled marijuana. He searched the girl’s backpack and found two glass pipes and a plastic bag containing a misdemeanor-level of pot.
Lynnwood police determined they had probable cause that she was in possession of drugs and drug paraphernalia.
The defense tried to have the evidence thrown out, saying it was seized unlawfully. Her attorneys also argued that schools are not allowed to search the property of someone who doesn’t attend there.
The girl was convicted of both charges in May 2017. The Daily Herald generally does not name defendants in juvenile court. She doesn’t appear to have any other criminal history.
The Edmonds School District did not provide comment for this story. According to the school’s website, the assistant principal has since been promoted to principal.
In other cases involving searches, school officials were equipped with more knowledge, the appeals court found. Either the officials knew about previous incidents involving the student or had other people come forward with information.
The Meadowdale assistant principal didn’t know anything about the teen’s history, so he had no reason to think the girl was carrying drugs, the ruling states. Simply smelling marijuana wasn’t enough.
Sometimes, the courts have justified searches when a student appeared to be hiding something.
“Nothing in the record suggests that (the girl) acted suspiciously or that she was questioned — much less deceptive — about any marijuana use,” the appeals court found.
Zachariah Bryan: 425-339-3431; zbryan @heraldnet.com. Twitter: @zachariahtb.
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