Safety Law News for July 11, 2023

— In California, the United States Court of Appeals ruled that the brief detention of parents of a student suspected of planning a school shooting was reasonable “notwithstanding the lack of reasonable suspicion.”  The police were responding to a request for help in finding the student, who was absent from school that day, but who had “sent a text to his friend saying he intended to shoot up the school.”  Police went to the home of the student, detaining and restraining the parents.  “The Fourth Amendment protects individuals from both unreasonable detentions and excessive force used during the detention.”  Even so, the court noted that, “the reasonableness of (a) detention depends on a balance between the public interest and the individual’s right to personal security free from arbitrary interference by law officers.”  The court held that although the parents were not suspected of engaging in criminal activity they possessed “information essential to preventing a threatened school shooting.”  Therefore, the police “had limited authority to briefly detain and question the (parents) about (the child’s) location due primarily to the exigencies inherent in preventing an imminent school shooting….there was an ongoing emergency threatening numerous lives which required immediate action.”  Bernal v. Sacramento County Sheriff’s Department

— In Arizona, the Tempe Union High School District Governing Board approved a comprehensive safety plan that retains school resource officers on campuses.  The plan emphasizes data-driven practices as well as training on students social and emotional well-being to all members of the school safety team.  The adoption of the plan defeats the efforts of some board members to eliminate school resource officers.

— In Louisiana, officials in the West Baton Rouge Parish schools are installing artificial intelligence software that monitors video camera feed to detect weapons and which send alerts to officials of possible threats.  “ZeroEyes,” is being used “in combination with school resource officers, a single point of entry, and a perimeter safeguard.”

— In Connecticut, officials in Clinton are deploying the town’s first therapy dog.  The dog has been “positively received in the schools.”