Safety Law News for March 15, 2018

  • In New Jersey, the Long Branch Police Department is looking for candidates to fill the new position of Special Class III police officers, who would be assigned to guard schools in the Long Branch School District.  The school district currently does not have any officers assigned to schools.
  • In Maryland, the Court of Special Appeals of Maryland ruled that a student was not in custody when questioned about the ownership of a backpack containing a handgun, ammunition, and drugs.   The mere presence of the school resource officer did not convert the meeting in the principal’s office into a custodial situation. [IN RE: J.M.]
  • In California, the Court of Appeal, Second District ruled that a school administrator’s search of a student was reasonable because it was based on an individualized suspicion of wrongdoing. The administrator discovered a knife after a teacher reported that the student might be under the influence of drugs in violation of school policy.  The teacher’s report provided the reasonable suspicion necessary for a search. [In re M.C].

Safety Law News for March 13, 2018

  • In Florida, the Governor signed into law legislative reforms to school safety, mental health and gun-control measures.  Part of the $400 million allocated in the law will be used to hire and train more school resource officers and mental health counselors and install extra safety equipment.
  • In Congress, two bills have been introduced to enhance school safety.  H.R. 5185, or the Protect America’s Schools Act, would appropriate $1.5 billion for the Community Oriented Policing Services’ School Resource Officer program. The COPS program helps provide grant funding, technical assistance, and resources for local government agencies to staff schools with SROs.  H.R. 5186, or the Veterans Securing Schools Act, would allow state or local veterans to serve as school resource officers.

Safety Law News for March 8, 2018

  • In Florida, the legislature has approved and sent to the Governor SB 7026 — the “Marjory Stoneman Douglas High School Public Safety Act.”  The legislation would raise the age to buy all firearms to 21 and impose a three-day waiting period for most gun purchases — and potentially put guns into the hands of some educators.
  • In Maryland, the Governor is using executive action to implement new school safety policies.  He will provide an additional $50 million for school safety grants, which could be used for a number of safety improvements including armed school resource officers.

Safety Law News for March 2, 2018

  • In Florida, the Hernando County school board voted to add additional officers at schools in response to the Parkland tragedy. Only 13 of their 23 schools had school resource officers.  The policy is effective immediately.  The officers will be in place as soon as possible.
  • In Alabama, the Tuscumbia Board of Education is teaming up with the City of Tuscumbia Police Department to implement a school resource officer program.  Officers will be assigned immediately to the high school and middle school, but will also patrol the halls of the elementary schools.
  • In Massachusetts, officials in Yarmouth have revised the policies regarding the 31 year-long school resource officer program.  School Resource Officers will now be in full uniform each day.  They will also have access to long weapons which can match and overcome the weapons used in the most recent school shootings.

Safety Law News for February 23, 2018

  • In Indiana, the Indiana Court of Appeals suppressed the statements of a student to a school official admitting placing graffiti on the walls of the boys’ restrooms.  The administrator immediately told a police officer, who entered the office, spoke to the student and arrested him.  The officer did not advise the student of his constitutional rights nor contact a parent. [D.Z. v. State of Indiana]
  • In Florida, the Broward County Sheriff is implementing a new policy that allows deputies guarding county schools to carry rifles, including AR-15s.  The officers will keep rifles locked in school offices during the day and take them home at night.

Safety Law News for February 20, 2018

  • In Ohio, the Ohio Court of Appeals upheld the suppression of statements made to police by a juvenile during an interrogation.  The court ruled that the juvenile’s waiver of his Miranda rights was not valid because (1) his first and primary language was Spanish, (2) he had just turned 16 when the interrogation occurred, (3) he was a poor student repeating the ninth grade, (4) he had no previous contact with the police, and (5) school officials did nothing to ensure that suspect’s parents were aware of the situation. [State v. Pablo]

 

 

  • In California, the United States District Court ruled that a school district bears a legal duty to exercise reasonable care in supervising students and may be held liable for injuries caused by the failure to exercise such care.  The court refused to dismiss a claim by a student that the school’s inadequate supervision allowed a known bully to harass and inappropriately touch him.  [Wormuth v. Lammersville Union School District].