# Jason Shade, Individually v. City of Farmington, Minnesota, a Minnesota Municipal Corporation Ted Dau, Individually and in His Official Capacity

> Court of Appeals for the Eighth Circuit · November 6, 2002 · 309 F.3d 1054

URL: https://www.frixlaw.com/law-library/cases/9495518

## Case

- **Full name:** Jason SHADE, Individually; Appellant, v. CITY OF FARMINGTON, MINNESOTA, a Minnesota Municipal Corporation; Ted Dau, Individually and in His Official Capacity, Appellees
- **Court:** Court of Appeals for the Eighth Circuit
- **Decided:** November 6, 2002
- **Citations:** 309 F.3d 1054; 2002 U.S. App. LEXIS 23037; 2002 WL 31465890
- **Precedential status:** Published
- **Opinion:** Dissent by Gibson
- **Judges:** Hansen, Gibson, Goldberg
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9495518

## How later opinions describe it (automated extraction)

- noting that the T.L.O. reasonableness standard was appropriate for a search initiated by school officials but conducted by law enforcement agents off of school grounds because a school official made the initial decision to search the student “in furtherance of the school’s int…
- applying T.L.O. to evaluate the legality of a search conducted by law enforcement officers in conjunction with school officials
- applying T.L.O. standard to law enforcement officers' search of student suspected of possessing a dangerous weapon where school *959officials initiated the investigation and search, even though the student was on a school field trip and away from "traditional school grounds"

## Opinion text

JOHN R. GIBSON, Circuit Judge,
dissenting.
I respectfully dissent. I share the concerns the district judge articulated that a simple question to teacher/driver Schmitz would have rendered unnecessary the search of either Jason Shade or the other seven passengers on the bus. Schmitz later stated that the knife produced and turned over by Brandon Haugen to the police was the same knife that he saw through the rear view mirror in Jason Shade’s hand, being used to open a can of orange juice. This simple question and this answer render the search unreasonable and not justified at its inception. I would reverse.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9495518. Public record. Not legal advice.