Supreme Court of Alabama

Ex Parte State of Alabama. (in Re G.m. v. State of Alabama)

September 13, 2013142 So. 3d 823

Summary

The Alabama Supreme Court affirmed the Court of Criminal Appeals, holding that a school official’s search of a student based solely on the student’s association with a peer who possessed cocaine and on speculative gang affiliation does not satisfy the reasonable‑suspicion standard required under the Fourth Amendment; therefore the evidence must be suppressed. The Court noted that the State’s reliance on legitimate governmental interests does not justify such a search. A specially‑concurring opinion agreed with the holding but argued that the exclusionary rule should not apply to school‑disciplinary proceedings.