Ortiz v. State

The exclusionary rule did not apply where a resource officer was present during a school administrator's search of student but there no evidence showed that the officer participated in the search.

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Following his conviction for carrying a weapon on school property, Ruben Ivan Ortiz appeals the trial court’s denial of his motion to suppress. Ortiz contends that the school administrator’s search violated the Fourth Amendment and thus any evidence obtained from the search should be excluded. Upon review, we affirm. A trial judge’s findings of fact on a motion to suppress should not be disturbed if there is any evidence to support them; determinations of fact and credibility must be accepted unless clearly erroneous; and the evidence must be construed in favor of the trial court’s findings and judgment. State v. K. L. M. , 278 Ga. App. 219 628 SE2d 651 2006. The evidence shows that Ortiz was seen smoking a cigarette in the bus lane of South Gwinnett High School in violation of school policy. The assistant principal questioned him, and Ortiz said that he was a student, but that he was not attending school that day and was passing through campus on his way home. She escorted Ortiz to the closest administrative office and called another administrator for assistance.

The assistant principal also called the resource officer for assistance because she was concerned that Ortiz was “not quite right. His eyes were going kind of wildly and they were red.” She thought that he may have been high, and testified that it was customary for administrators to ask for a resource officer to be present anytime they “feel that there might be a threat.” The resource officer advised Ortiz that “this is an administrative action. I’m just here for everybody’s safety, the safety of the students, for your safety, et cetera.” The assistant principal then asked Ortiz to “dog-ear” his pockets so that she could search him. Ortiz told her that he did not want her to cut herself and took a razor blade from his breast pocket.

Ortiz v. State

The exclusionary rule did not apply where a resource officer was present during a school administrator's search of student but there no evidence showed that the officer participated in the search.

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