concurring specially.
I concur in the judgment of reversal but not necessarily in all that is said in the opinion. For the purpose of this decision, I can assume that school officials while enforcing state policy and school regulations come within the sphere of the Fourth Amendment and still reach the same result as the majority under the facts of this case.
In my opinion the action of the assistant principal was clearly reasonable under the lower standard of reasonableness applicable to a school community situation. A school official stands in loco parentis to the student under his authority. In the performance of his duties he must be allowed reasonable bounds for the preservation of order and discipline.
As stated in the majority opinion the scope of Fourth Amendment protection is a "balancing test.” In the school community situation I would apply a minimal standard of "reasonable suspicion” rather than the broader "probable cause” standard applicable to routine law enforcement situations.
Under such a test there was no Fourth Amendment violation in this case and the trial court did not err in overruling the motion to suppress the evidence resulting from the search.