commvdomenic

Commonwealth V. Domenic Buccella
(MA S. Ct. 2001)

D (Domenic Buccella) was charged with violating the civil rights of a teacher through graffiti on school property and tried to have the evidence suppressed because he claimed it was illegally obtained by the police department from his “student records.”
 * Facts:**

P (school officials) gave the police a school work paper as a writing sample from the defendant so a handwriting analysis could be conducted to determine if it matched the graffiti in the school.

1) Is every single assignment/work sample a student hands in a part of his/her official “student record?” No 2) If a school official collects student work as evidence does it meet the standard of reasonable search under the Fourth Amendment? Yes
 * Issues/Answers:**

//Legal Basis// – MA Constitution interpretation, Fourth Amendment, and precedents
 * Basis/Rationale:**

//Rationale// – The term “student record” does not include every single piece of written work handed in by a student to a teacher. It is reasonable of the school to submit student work samples for expert evaluation if they likely contain evidence pertinent to ongoing disruptive conduct.

The defendant tried to prove that every single homework assignment, test, quiz, and other written pieces of school work were part of his “student record.” If this was the case, every student under 14 years old who is not considered eligible to see their own “student record” would be required to have a parent signature for each assignment handed back to them. Teacher would also have to keep a log every time they handed work back to their students.
 * Notes:**

Judge Marshall expressed dissent against the decision that if a student work sample is kept, filed, and organized it could then possibly become a part of a “student record.” He was opposed to simply saying that whatever was in the “student record” file was private because someone could have inadvertently placed a newspaper clipping or play bill into the folder. Those documents should then not be considered confidential because they are in the file. He believes that the regulation should not take into account the “location” of the student material in order to determine whether or not it is part of the “student record.”