Safety Law News for July 28, 2015

  • The Superior Court of the Virgin Islands has applied the U.S. rule of law to a student search case. The court ruled that a school official’s search of student backpacks for weapons was valid on mere reasonable suspicion. The assistance of two school resource officers did not compromise the authority of the educator. [People v. T.S.]
  • In North Carolina, the state court of appeals has ruled that Miranda warnings were not required in the questioning of a 15 year-old student by educators. The court ruled that the presence of a school resource officer at the request of administrators does not automatically convert the questioning of a juvenile into a custodial interrogation. The court ignored the fact that the SRO did ask a few questions. [In re R.B.L.]
  • In Georgia, the court of appeals has ruled that a teacher is immune from liability for holding a student in a headlock for a period of time in front of other students in a seventh-grade language arts class. The court found that although the incident might demonstrate the teacher’s “frustration, irritation, and possibly even anger,” evidence of malice or intent to deliberately hurt is required to overcome the presumption of immunity in Georgia. [Tuggle v. Rose]