Safety Law News for September 17, 2024

— In Colorado, the Colorado Court of Appeals, upheld the adjudication of a student who challenged the search of his backpack, in which educators found “a bag containing a loaded pistol.” An SRO then took over the search. In addition to the gun, the SRO found an extended magazine and two loose nine-millimeter rounds.”  The student asserted that his rights under the Fourth Amendment to the U.S. Constitution were violated because “because the tip and photograph on which (the school) relied were anonymous and stale.”  Initially, an outside detective informed the SROs that the student was a person of interest in the investigation of a campus incident.  Believing that a current student was involved in the incident, the detective “sent a photo to the SROs showing two individuals pointing guns toward the camera.”  The school police and two administrators “recognized (the student) as one of the individuals in the photo… escorted him to (Administrator’s) office…to search his backpack.”  The appellate court agreed that the motion to suppress was properly denied because after New Jersey v. T.L.O., 469 U.S. 325 (1985) “the school setting requires some easing of the restrictions to which searches by public authorities are ordinarily subject.”  The appellate court also ruled that “the tip and photograph were not from an anonymous source,” affirming that “the juvenile court did not err by concluding the tip and photograph provided the (school officials and the police officials) with reasonable suspicion to conduct the search.” People In Int. of A.H.H.

In Georgia, the State School Superintendent is proposing additional state funding for school safety initiatives after the campus shooting at Apalachee High School.  The legislature will be asked to provide funding for a school resource officer and a crisis alert system in every Georgia school.

— Ohio, the legislature is being asked to require staff at public and charter schools to wear panic warning devices starting next school year.  The provisions of Senate Bill 313 require that “the alarm system must be integrated with technology used by local law enforcement to route 911 and school lockdown calls.”

— In Texas, officials in the Dallas ISD are revising safety policies in response to concerns and incidents at sporting events.  There will be “more officers patrolling the games and (using) metal detectors at entrances.”  Students will be required to display an ID badge for entry “if they attend district-hosted games without a parent or guardian.”

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