Safety Law News for December 19, 2018
In Washington D.C., the Federal Commission on School Safety released a comprehensive resource guide for school safety.
In Washington State, the Washington Court of Appeals ruled that the search of a non-student's backpack, due to the smell of marijuana was unreasonable. The court reasoned that the “school search exception,” which under the Washington Constitution allows school authorities to conduct a search of a student without probable cause only applies to non-students if the nonstudent presents a credible threat of physical harm and when the scope of the search conducted is directly related to that threat. (State v. A.S.)
In Illinois, the Appellate Court of Illinois ruled that school officials did not have to comply with new state law providing procedural safeguards for questioning juveniles. The court ruled that educators were not “other public official or employee” for the purposes of section 5-401.5(a-5) and therefore could freely question a student regarding a drug incident. (In re Jose A.)
In Ohio, the Ohio Supreme Court refused to reverse an appellate court ruling that found that the non-sworn executive director of safety and security for Dayton Public Schools was acting as an agent of law enforcement, such that Miranda warnings were required, when questioning a student over a bomb threat. (In re L.G.)