In a one-page order issued today, the N.C. Supreme Court vacated a 2-1 opinion from the N.C. Court of Appeals that had labeled the “bra lift” of a Brunswick County alternative school student unconstitutional.
The Supreme Court wants the case to return to the trial-court level.
The trial court is ordered 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. [the student]; 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.
If, 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.
