In re T.A.S., 366 N.C. 269 (Oct. 5, 2012)

The court vacated and remanded In re T.A.S., 213 N.C. App. 273 (July 19, 2011) (holding that a search of a juvenile student’s bra was constitutionally unreasonable), ordering further findings of fact. The court ordered the trial court to

make additional findings of fact, including but not necessarily limited to: the names, occupations, genders, and involvement of all the individuals physically present at the “bra lift” search of T.A.S.; whether T.A.S. was advised before the search of the Academy’s “no penalty” policy; and whether the “bra lift” search of T.A.S. qualified as a “more intrusive” search under the Academy’s Safe School Plan.

It provided that “[i]f, after entry of an amended judgment or order by the trial court, either party enters notice of appeal, counsel are instructed to ensure that a copy of the Safe School Plan, discussed at the suppression hearing and apparently introduced into evidence, is included in the record on appeal.”