Safety Law News for December 12, 2024

— In Wisconsin, the United States District Court upheld the search and seizure of contraband in a student’s bag.  The case arose out of a report by a PE teacher of the student’s “possession of a vape during an off-campus bike ride.”   School officials then had a meeting with the student during the school day.  The student “denied owning the vape or knowing anything about it, even offering (educators) the opportunity to look through her bag.”  A search of the bag revealed “a keychain bottle of pepper spray and a flashlight stun gun…(that were) considered weapons and prohibited at school.”  The school officials called the student’s parents to disclose the meeting, the search, the items discovered, as well as verifying that the student “had a valid prescription (for medication found in the bag) and permission to keep it at school.”  The student “was given an in-school suspension for the rest of the day.”  The parents filed a lawsuit claiming that First Amendment and Fourth Amendment rights of their child were violated.  The court declared that “none of (educators’) alleged actions violated (the student’s) constitutional rights.”  As to the Fourth Amendment, the school’s PE teacher “was entitled to observe things in plain sight on school business, even if his gym class was biking off-site.”  Moreover, under Wisconsin law and the U.S. Supreme Court case of New Jersey v. TLO, school officials “were within their rights as school officials to search (the student’s) bag, as well as speak with the (parents) over the phone about their findings…There was ample justification for (school officials) to examine the bag and its contents after (the student) admitted to keeping pepper spray and a stun gun on school grounds.”  As to the First Amendment, “possessing a vape…does not express an idea protected by the First Amendment, let alone a message capable of being readily understood by those observing it.”  Therefore, (the parents’) claim challenges nothing more than a school’s everyday interaction with a student being questioned about potential violations of school policy, with that student’s parents, and with law enforcement authorities. Accordingly, this case will be dismissed with prejudice.”  Wayne Evangelista v Krista Flanagan (W.D. Wis. Dec. 10, 2024)

— In California, the California Transportation Commission awarded “$7.9 million for the City of Salinas’… (to) provide meaningful connections to …local schools.”  The project is called the “John Street/Williams Road Safe Routes to School Project and Programming.”  It will include “buffered bike lanes and bicycle conflict striping, and pedestrian improvements, such as curb ramp enhancements and crosswalk improvements.

— In New York, the Syracuse school board passed a resolution to allow staff employees to carry guns on campus.  The policy will authorize the “director and assistant directors of public safety to carry guns in schools. The three administrators are retired police officers who have been issued special armed guard registration cards.”

— In Pennsylvania, Philadelphia schools are being equipped with artificial intelligence to enhance campus safety.  “New security procedures are underway at Upper Darby High School, Beverly Hills Middle School and Drexel Hill Middle School…Students must walk through a weapons detection system, powered by artificial intelligence, as soon as they enter the building.”

Leave a Reply

Your email address will not be published. Required fields are marked *