Matter of Gregory M

In Matter of Gregory M. (82 N.Y.2d 588) a student, Gregory M., tried to enter a school without identification. Following school policy which required that the student leave his book-bag with the security officer while he got proper identification, Gregory M. dropped the book-bag on a metal shelf. When he did so, the security officer heard a thud which made him suspect that a gun was in the bag. The officer then rubbed his hand on the outside of the bag and felt the outline of a gun. He subsequently opened the bag and found a firearm. The Court found that the thud gave the school safety officer cause to rub the outside of the bag and that reasonable cause to open the bag was established when he felt the outline of a gun. The Court of Appeals held that an investigative touching of the outer surface of a book bag fell within a class of searches which are "far less intrusive" than searches which would require the application of the reasonable suspicion standard. The Court applied the balancing process set forth in People v. Scott D. (34 N.Y.2d 483, 315) and New Jersey v. T.L.O., (469 U.S. 325), and held that the respondent "had only a minimal expectation of privacy regarding the outer touching of his school bag by school security personnel, even for the purposes of learning something about its contents" ( Id., at 592-593). In addition, the Court stated that "in the balancing process, prevention of the introduction of hand guns and other lethal weapons into New York City public schools such as this high school is a governmental interest of the highest urgency. The extreme exigency of barring the introduction of weapons into the schools by students is no longer a matter of debate" ( Id., at 593).