Safety Law News for April 8, 2021

— In New York, the United States District Court upheld the search and seizure of a student whose threats to blow up school property were taken seriously by school officials.  The student told classmates, “don’t come to school tomorrow” and that he was going to blow up the school. The court held that the seizure, in which the student was placed in a conference room, was reasonable in both duration and scope.  The court also upheld the searches of the student’s locker, wallet, and cell phone.  As to the cell phone, the court ruled that “[a] cellular phone can be used to detonate an explosive device, and therefore a search of the phone was reasonably related to the objectives of the investigation of the bomb threat.”  N.U. by Amar v. E. Islip Union Free School District

— In Colorado, Senate Bill 182, which would have heavily restricted law enforcement’s authority inside schools, has been removed from legislative consideration in the current session.  The provisions of SB 182 would have placed schools at risk by prohibiting arrests and tickets for students suspected of an array of offenses — like physical assault or sexual harassment of teachers and other students, trespassing, gambling, loitering, petty marijuana offenses or offenses relating to alcohol or tobacco use.

— In Maryland, officials in Anne Arundel County are focusing on connecting students with mentors and counselors instead of arresting them for juvenile offenses under an experimental “pre-arrest diversion” program.  Under the provisions of the “Fresh START” program, police patrol and school resource officers hope to reduce racial and ethnic disparities in charging teens; and provide early intervention services to youth affected by trauma, mental health and/or substance abuse.

— In Florida, the Sarasota County School District is signaling the alarm over THC-laced products that are appearing in schools.  Both law enforcement officials and educators are warning parents that the drug is being packaged in forms that are difficult to detect.  The THC is made to appear as candy or snacks.