top of page

Safety Law News for November 21, 2017

In Oregon, the Court of Appeals held that the “school safety exception” to the Oregon Constitution did not permit a police officer to search a non-student, who happened to be at school during a shooting that threatened school children and staff. The defendant had heard that a shooting had occurred at the high school where his younger sister was a student. He rushed to the school while in possession of a handgun.

  • In Indiana, the Court of Appeals held that two students who resisted attempts by school resource officers to search them could be prosecuted for acts constituting new offenses within the new-crime exception to the exclusionary rule. The officers were conducting pat-down searches of students who were in a classroom where a cell phone was reported stolen. Both juveniles assaulted the officers to prevent the searches.

  • In Massachusetts, the Supreme Judicial Court ruled that it was unreasonable for a police officer to search the bag of a non-student trespasser who attempted to enter the school. The court ruled that while the officer could have arrested the trespasser, which would have allowed a search incident-to-arrest, the police lacked a reasonable belief that the defendant was armed and dangerous and, therefore, a pat/frisk and search of the backpack was unreasonable.

  • In Colorado, the United States District Court upheld a student’s conviction under C.R.S. § 18-9-109(6), that makes it a crime to; “knowingly make or convey to another person a credible threat to … a student, school official, or employee of an educational institution.” Students reported that the juvenile’s behaviors created fear that he would engage in a serious act of violence at school. The court held that the law had a pre-emptive purpose to criminalize threats of attack to enable law enforcement to prevent their happening.

1 view0 comments

Recent Posts

See All

• In New York, the New York Commissioner of Education is implementing a new policy that is designed to prevent school resource officers from detaining or questioning students for the purpose o

In Alabama, a non-partisan research institute is calling for specialized and fully funded training for all school resource officers in the state. Its Report, "Hall Monitors with Handcuffs

In New York, the Court of Appeal held that a student who was assaulted on campus is entitled to records of all assaults that occurred on school grounds to help her case. The court reasoned that in d

bottom of page