commvdamian

434 Mass. 725 (2001)
 * Commonwealth v. Damian D.**

D (Student Damian D.) accused of delinquency by reason of possession of a controlled substance. P (Commonwealth of Massachusetts for the Boston Public Schools) violated the D’s Fourth Amendment Rights when an “administrative search” was performed when the D returned to school from a truancy violation.
 * __Facts:__**


 * __Issues/Answers:__**
 * 1) Does the school have the right to perform an “administrative search” for contraband when a student is returning to school from a truancy violation? **//No//**


 * __Basis/Rationale:__**
 * Legal Basis**-Fourth Amendment Rights were violated.
 * Rationale-** D was not searched for evidence of his truancy and there were no other basis for which the “administrative search” was appropriate because it did not meet the reasonableness standard.


 * __Notes:__**
 * 1) D was truant from school and when he returned to school tardy, he was searched by the asst. headmaster for contraband in the presence of a Boston School Police Officer and the Housemaster. Marijuana was found in the D’s shoe and at that point the police officer took over search and arrested the D.
 * 2) A complaint was filed alleging delinquency at the West Roxbury Division of the District Court Department against Damian and he filed a motion to suppress the evidence saying the search violated his Fourth Amendment Rights and article 14 rights. Motion denied and a jury trial followed and he was found delinquent.
 * 3) Damian appealed and concerned about the denial of the motion to suppress the evidence the Supreme Judicial Court transferred the case on their own accord from the Appeals Court.
 * 4) SJC determined that the search did not meet the reasonableness standard required by the Fourth Amendment and they overturned the finding by the lower court and a finding of not delinquent was entered.