Troy writes:
"From reading the report, it's pretty clear that the student had multiple opportunities to come clean before being arrested, and refused to take advantage of them. "
You're trying to cleverly avoid the glaring fact that "multiple opportunities" did not include simple, tried-and-true tactics like giving detention or suspending the student, much less asking the student to leave the class.
I'm willing to give the officer the benefit of the doubt that their affidavit is true but I'm not willing to assume, as others have, that certain things happened when they are not mentioned in the incident report (which is precisely the place where one would record it).
Troy continues:
"Yes, I agree that arresting the girl was overkill, but the report mentions that the officer had prior [negative] dealings with the student before, so I would suspect that there is a story here that goes back a little farther than "ZOMG STUDENT ARRESTED FOR TEXTING." "
Here's the law:
WI Statute 947.01: Disorderly Conduct. Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud, or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.
First, there is nothing at all in the law which allows for "prior negative dealings" to color the officer's determination that the law had been violated. Zero.
Second, let's go through the criteria for disorderly conduct:
Violent? No.
Abusive? No.
Indecent? No.
Profane? No.
Boisterous? No.
Unreasonably loud? No.
How about "otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance?"
Good luck with that. I guarantee this gets thrown out by the judge (if it even gets that far) and when cops begin charging people with violation of laws for reasons which are sufficiently vague in order to achieve a desired end, that's harassment.
Troy continues:
"When sane, measured discipline isn't getting through to a kid, it may be a good time to over-react and try to get the kid's attention."
Again, there is no evidence that "measured discipline" was attempted.
Troy, let's take this from another angle...
Suppose we are dealing with an adult at a college who was texting in class. Further, like the real-world incident we're discussing, suppose the officer arrived as the class ended and the students were leaving.
Would the officer have a right to demand that the student reveal the existence of a cellphone? No.
Would the officer have a right to arrest the student for disorderly conduct? Of course not. Remember, the class is over and the student has never been asked to leave the class.
So you're forced to either explain why I'm wrong with my two conclusions or explain why the younger student in a high school is not entitled to the same equal protection under the law.
If you choose the former, show me an example of where this has occurred. Ever.
If you choose the latter, please cite law.