# State Ex Rel. Galford v. Mark Anthony B.

> West Virginia Supreme Court · August 12, 1993 · 189 W. Va. 538

URL: https://www.frixlaw.com/law-library/cases/9567585

## Case

- **Full name:** STATE of West Virginia Ex Rel. Cathy GALFORD, Petitioner Below, Appellee, v. MARK ANTHONY B., a Juvenile, and Bonnie L.B., His Mother, Respondents Below, Mark Anthony B., a Juvenile, Appellant
- **Court:** West Virginia Supreme Court
- **Decided:** August 12, 1993
- **Citations:** 189 W. Va. 538; 433 S.E.2d 41
- **Precedential status:** Published
- **Opinion:** Dissent by Neely
- **Judges:** Brotherton, Neely
- **Cited by:** 11 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/9567585

## Opinion text

NEELY, Justice,
dissenting:
Based on the precedent so ably set forth by the majority, I dissent. Indeed, had the appellant been suspected of stealing an elephant, searching his underwear would have been “unreasonable.” But where else would a guilty child hide $100? I suppose that he could have taped the hundred dollar bill to his forehead on the theory that the best place to hide things is in plain view, and, of course, he could .have placed it in his desk where a less intrusive search would have easily uncovered it.
However, nine out of ten experienced thieves believe that the best place to hide something is where it is unlikely to be discovered. If any search is justified, then a search reasonably calculated to discover hidden contraband is justified. Children are not adults. Schools stand in loco par-entis and are entitled to do anything that a parent could do under similar circumstances to protect the health, safety and morals of a child and to maintain the proper functioning of the school. If we wonder why our schools are going to hell in a handbasket, it’s probably because of decisions like this one.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9567585. Public record. Not legal advice.