JUDGES CRITICIZE SCHOOL SEARCH POLICY

A panel of Illinois Appellate Court justices criticized St. Charles
High School's policy of searching students caught violating rules. At
the same time, the court reinstated key evidence in the criminal case
of a student accused of bringing LSD and marijuana on campus, opening
the door for his eventual prosecution.

In a recently released opinion, the three-member panel overturned Kane
County Judge Judith Brawka's decision to bar prosecutors from using
evidence seized in a 1997 search of the student.

The opinion clears the way for the prosecution of now 20-year-old
Michael Chung, who was indicted in March of 1997 on seven felony drug
charges.

St. Charles police said they found 25 to 35 hits of LSD and a couple
ounces of marijuana in Chung's book bag. Deans at the high school
searched Chung's bag as well as his clothing after he was caught
walking off campus when he should have been in class, a violation of
school rules.

Chung's attorney argued the search was a violation of the student's
rights since there was no reason to suspect him of doing anything
wrong. Brawka agreed.

Kane County prosecutors argued that the school was just following its
established policy, which is to routinely search students caught
breaking school rules. Particularly students caught in unauthorized
areas, since that is where drug transactions are most likely to occur.

The appellate court justices criticized the St. Charles High School
policy. School officials must have a reasonable suspicion the student
is concealing something in violation of the law or of school rules
before conducting a search, Justice Lawrence Inglis wrote.

But because Chung previously had been caught with drug paraphernalia
and because he was found in an area where drug transactions are likely
to occur, the search of his belongings was reasonable, the court said.