Motion to Suppress School Search of Juvenile

Author’s Note: Thanks to attorney Milton Childs of the Wisconsin State Public Defender’s Office, who drafted this motion and gave permission for its use in this book.

CIRCUIT COURT

STATE OF WISCONSIN BRANCH __ _____COUNTY

IN THE INTEREST OF

NAME JUVENILE Case No. _________

NOTICE OF MOTION AND

MOTION TO SUPPRESS FRUITS OF THE DETENTION AND SEARCH

TO: ASSISTANT DISTRICT ATTORNEY

___________ COUNTY DISTRICT ATTORNEY OFFICE

PLEASE TAKE NOTICE that the Juvenile, by her attorney, appearing specially and reserving all rights to challenge the Court’s jurisdiction, hereby moves the _________County Circuit Court, pursuant to the Fourth Amendment of the United States Constitution, and Article 1, section 11 of the Wisconsin Constitution; New Jersey v. T.L.O., 469 U.S. 325, 105 S.Ct. 733, 83 L.Ed.2d 720 (1985); and In the Interest of Angelia D. B., 211 Wis.2d 140, 564 N.W.2d 682, for an order to suppress fruits on the above case, based on an illegal detention and search.

AS GROUNDS THEREFOR, the Juvenile asserts that on (date) at (Name school), the

Juvenile was illegally detained and searched by school liaison officer (name) and Assistant Principal (name). The school liaison officer provided an incident summary that included the following: Student (name witness) stated that someone stole his phone while he was in class. Witness suspected that (name suspect) had stolen his phone. Officer (name) informed Assistant Principal (name) of the matter and they proceeded to make contact with (name suspect). Suspect was located in his classroom; denied having the phone; and consented to a search. The phone was not located on suspect. Suspect was asked who else was in the area when victim’s phone was taken, and he responded that the Juvenile was standing there.

Officer (name) and Assistant Principal went to the Juvenile’s classroom and asked her to step out into the hallway. At the time that the Juvenile was asked to go into the hallway, the students were taking exams. Officer (name) stated that she has known the Juvenile since last school year and by nature she is a rather loud talker, so they asked her to step into an empty room across the hall. Assistant Principal asked the Juvenile about the phone. She denied having the phone and advised the parties that (name suspect) had the phone. The Juvenile stated that (name suspect) had asked her whose phone it was and said that he would give it back to victim. The Juvenile was advised that (name...