Safety Law News for 12/22/14

  • In California, a policy that allows Merced County Sheriff’s Department administrators to search the personal cellphones of deputies is at the center of controversy.  A deputy’s personal cellphone can be searched when “reasonable suspicion” exists of possible misconduct.  Supervisors, detectives, and some school resource officers use their personal cellphones for work-related purposes.

Safety Law News for 12/16/14

Safety Law News for 12/9/14

Safety Law News for 12/3/14

  • New Mexico Supreme Court rules that Juvenile Code 32A–2–14 provides children with greater statutory protection to remain silent than mandated by the federal or state constitutions.  32A–2–14 must be strictly construed and applied to confessions obtained by school officials who interrogate students.  These confessions cannot be used for juvenile delinquency petitions unless the provisions of 32A–2–14 are satisfied.  [State v. Antonio T].
  • In New York, the Rochester School District is negotiating a new contract with the Rochester Police Department to provide school resource officers in schools, with a new focus on restorative justice practices for wayward students.

Safety Law News for 11/26/14

  • Federal court rules that a school resource officer did not violate the civil rights of a special education student when he arrested her, handcuffed her, and transported her to the juvenile detention center following an altercation in the classroom. [J.H. ex rel. J.P. v. Bernalillo County]
  • California appellate court rules that a student’s act in walking away from a school resource officer, while knowing that officer wanted to talk with him, did not constitute resisting a police officer under California law, where juvenile did not physically resist the officer, and officer did not assert any authority or attempt to physically restrain juvenile.  [In re Juan A]
  • Federal court denies summary judgment and qualified immunity to a school resource officer who confronted an unruly student—who posed no threat to the safety of the officer or anyone else – and used unreasonable force by (1) applying an arm-bar to restrain the student, (2) forcing the student up against the metal lockers, and (3) lifting the student off the ground using the arm bar. This conduct resulted in breaking the student’s arm. [Williams v. Nice]

Safety Law News for 11/21/14

  • The North Carolina Center for Safer Schools has released its 2014 Report to the Governor.  It includes the implementation of a new state law that requires that schools have a school safety plan.