Comment Re:Q-boats (Score 1) 830
According to the Castle Doctrine (http://en.wikipedia.org/wiki/Castle_Doctrine) here in the US, you have to wait for the burglar to enter your home. Once they're inside, they're fair game.
According to the Castle Doctrine (http://en.wikipedia.org/wiki/Castle_Doctrine) here in the US, you have to wait for the burglar to enter your home. Once they're inside, they're fair game.
than they expected??
does anyone on the team have a degree in anything?
They usually have a retired FBI agent who is a specialist in explosives handle the big booms for them. I wonder if they had him along this time too?
Tho i'm curious what they were setting off this time, considering the time they blew up that cement truck was huge and no reports of personal damage on that one. ( 1000 pounds of high explosive in that one )
I seem to remember that they set that one off in a quarry, a deep quarry and they were at least a mile away for safety. I want to say that the shockwave made the guys' clothes flutter.
The walls of the quarry shielded any nearby communities. Why they didn't use this same location for this explosion I find curious.
We've hit the point where we need to have a separate court for educational issues, just as we have courts to deal with family issues, etc.
Judges that are well versed in the education code would make it so that many of these lawsuits could just be thrown out as frivolous.
So if I lie to my teacher, or otherwise violate school policy, I can be searched and arrested? (cite some legal basis here please, I can find none and would find it most disturbing) That's like getting arrested for walking into the grocery store and violating the "shirt and shoes required" sign on the door.
If you lie to a teacher about having contraband and create a disruption in the classroom, yes. But that search is requested by the principle, not the teacher. If you lie about what happened to your homework, no. Don't try to apply a policy too broadly, it makes you look like an idiot.
Did her parents sign something when enrolling their student that said that they (or their agent etc) were authorized to search their child? (I rather doubt, but this MAY give them a leg to stand on if true) You can assign some of your rights as a parent/guardian to another but it's NEVER assumed.
Actually, every school I ever worked at (K-12 that is) had a piece of paper that the parents and the kid (at least once they were in high school) sign stating that they understand and agree to abide my the rules and policies of the school as stated in the student handbook and as determined by district policy. As for the loco parentis, it's part of the education code for every state as far as I know, and I'm sure that there are many precedents for enforcing it through out the history of legal decisions. I'm not a lawyer so I can't point you to specific decisions.
Disobeying a teacher once is beyond detention or suspension, and requires police to arrest them? I'd like to know what school you went to. I think most teachers would be glad to have the child do as they are told, and not receive a detention for it! If they don't, then that's what detention is for. Suspension is for most severe troublemakers.
And the police are for people who break the law.
You're missing the point. It's not about what level of punishment is appropriate. It's since when did breaking school rules become criminal offences?
I'm from the UK, so maybe things are different there - is it really routine to call the police everytime a child breaks a rule? I mean, there are certainly things from my school days that I can see would be breaking laws, and would therefore be something you could call the police for (vandalism, bullying, violence, theft) - but even there, it was almost always dealt with by the school. So what's so special about this case that texting requires police intervention, when other cases that do involve breaking the law don't require police intervention? It makes no sense. The only thing I hope is that we're not getting the full story - but it's bizarre just how many posters here seem to think that calling the police in the described situation is perfectly normal.
You missed that I stated that the if the student had surrendered the phone to the CAMPUS OFFICER (not the teacher) it might have been just detention. If she had surrendered it to the teacher, she probably would have gotten it back at the end of class or the end of the day without further action.
As for is it routine for the police to come to campus ever time a student breaks a rule, no. But it is not quite usual for the vast majority of high schools in moderate to large cities to have a police officer on campus during school hours because parents will sue the school at the drop of a hat because their precious snowflake would never do anything wrong therefore the school/teacher/administrator is wrong. The school is protecting itself from most of the frivolous lawsuits by having the police handle anything outside of simple issues.
Yes, it's sad, but it's where we are in the US.
She had contraband (as defined by school policies, which she and her parents agreed to by enrolling her in this school) on her person and refused to surrender it. She further lied about having it. The police had three witnesses that she had a cell phone on her. A search was justified. If they had continued with the search after finding the cell phone then they would have violated her civil rights.
If you don't like what the school had defined as contraband, you have choices.
1) send you kid another school (public, private, or online in some metro areas)
2) home school
3) in CA there is a test call the CAHSPE (California High School Proficiency Exam), if you are 16 and have completed your sophomore year of high school (completed not necessarily passed) you can take this test. If you pass, you are done with high school. I'm sure that most states have a similar test.
What most people either do not know or don't understand is that during school hours the school administrators, faculty, and staff stand loco parentis (http://en.wikipedia.org/wiki/In_loco_parentis) for the student. They are in effect the student's parent with all the rights and powers thereof. So a search by a police officer at the request of a school administrator is perfectly legal. It's annoying but it is legal, anything found is admissible in court.
Students (esp. minors) DO NOT have the same rights as an adult. Everyone seems to forget this whenever there is a news story of this type. In my experience (7 years teaching high school), the administrators err far to the side of caution when it comes to defiant students for fear of lawsuits. Since most school districts are strapped for cash in times of prosperity they do everything possible to avoid expensive lawsuits.
Actions have consequences.
Yes and consequences of this action should be either detention or in school suspension.
If she had surrendered the phone upon the 1st request by the campus officer then detention would be appropriate. Since she continued to claim that she did not have a phone and further concealed it. She escalated it beyond detention or in-school suspension. I think that a fine is correct in this case. If you read the transcript of the officer's report, this student is known to the administration as a "problem".
Old programmers never die, they just hit account block limit.