People v. Butler

In People v. Butler (188 Misc.2d 48, 725 N.Y.S.2d 534) a school safety officer brought a student to the dean's office because he couldn't produce his school program card after being asked to do so. He was also wearing clothing that indicated a gang affiliation. After the student was unable to answer several questions concerning his identity, the Dean told the school safety officer to conduct a search. The officer conducted a pat down, and felt a hard bulge in the student's jacket pocket. The officer then reached into the pocket and pulled out a gun. After a Mapp hearing, the court, without directly addressing whether the level of cause for a search by a school safety officer had changed after they came under the police department's jurisdiction, found that the officer only needed reasonable suspicion to conduct a search and denied the defendant's motion to suppress the gun. The court determined that the pat down of the defendant required less than probable cause since it was less intrusive than a search.