REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource...

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REVIEWS AND UPDATES SRO Legal Issues

Transcript of REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource...

Page 1: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

REVIEWS AND UPDATES

SRO Legal Issues

Page 2: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Objectives

Review important legal topics for School Resource Officers

Explore statutory and case law updates that impact School Resource Officers

Page 3: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

School Searches: Review

Page 4: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

The 4th Amendment

Protects citizens from unreasonable searches and seizures by the government and its officials

Only limits GOVERNMENT ACTION

Only protects places where a citizen has a “reasonable expectation of privacy”

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The 4th Amendment and Public Schools

Students ARE protected by the 4th Amendment while they are at school

However, that protection is more LIMITED than typical 4 th Amendment protection

This is because the government has a strong interest in keeping schools a safe and disciplined environment for learning

The law agrees that, because of this strong interest, schools and school related activities are entitled to a different standard in certain circumstances

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School Officials and the 4th Amendment

School officials (teachers, administrators) ARE “government officials” so they are limited by the 4th amendment

However, school officials are NOT law enforcement officers This means, for example, that Miranda

requirements do not apply to them A student in the “custody” of a school

official is not in “custody” for law enforcement purposes

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SROs and the 4th Amendment

North Carolina does not consider an SRO a “school official”

A SRO is still a law enforcement officer

However, due to their role at the school, they are also entitled to use a lower standard in certain situations

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TLO and School Officials

New Jersey v. TLO set the standard for how to apply the 4th amendment in schools

It held that school officials only needed REASONABLE SUSPICION to search, not a warrant and probable cause as police need

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The Two Part TLO Test

Was the search “justified at its inception?” Did the school official have

reasonable suspicion to search anything in the first place?

Was the search “reasonable in scope?” Was it reasonable to search

the PLACES the school official searched for the object being searched for?

Page 10: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

SROs and TLO

Though SROs are not school officials, they may use the lower “reasonable suspicion” standard from TLO IF: They are WORKING IN CONJUNCTION with school officials

This can be either explicit permission (“search that student”) or standing permission (“you can search without coming to me first if you need to/suspect drug activity/etc”)

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Rules to Remember

This lowered standard can apply to school rule violations or violations of the law

An officer DOES NOT have to work in conjunction with a school official to perform any normal law enforcement action (probable cause search, consent search, arrest) for a violation of the law

Officers should be aware of what their contract or policy states as this can govern what is considered “working in conjunction” and what is not

SROs are held to the typical PC/warrant standard when working with outside law enforcement

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Working Together

Whenever possible, officers should be in regular communication with school officials

Regular sharing of information can be key to spotting a problem

It is in everyone’s best interest to work together for a common goal

Page 13: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Typical Law Enforcement Searches: Review

Page 14: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Probable Cause and A Warrant

Surest way to a valid search = a warrant based upon probable cause

All other searches are UNREASONABLE

Unless they fall into an exception

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Plain View

Must be in a place you can lawfully be

This means that if you are unlawfully searching someone’s bag and happen to see drugs, it doesn’t matter because you were not lawfully looking through the purse to begin with

Can look into car windows if the car is in a public lot for example

Page 16: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Exigent Circumstances

An exception to the WARRANT REQUIREMENT ONLY

Must still have PROBABLE CAUSE

Must be able to articulate WHY you could not take the time to get a warrant

Page 17: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Consent

Can get consent at any time (before or after arrest)

Must be VOLUNTARY

No specific “age of consent” for searches

However, very young children or those with developmental delays may not be able to “voluntarily” consent

No magic words, though, with young people can be helpful

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Motor Vehicle Searches

If the car is in a public place (i.e. a school parking lot), then no warrant is needed

Does not matter if officer has time to get one or not

Must still have probable cause

If there is probable cause, this is a FULL SEARCH

Page 19: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Canine “Sniffs”

Walking a canine around the outside of a car or down a row of lockers in a school hallway is NOT a search

This means no level of suspicion is needed

Avoid close contact, any entrance into a protected area (inside a car)

Page 20: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Specific Offenses

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Mass Violence and Bomb Threats

Bomb Threats – N.C.G.S. 14-69.1(c) “Any person who, by any means of communication to any person or groups of persons, makes a report, knowing or having reason to know the report is false, that there is located in or in sufficient proximity to cause damage to any public building any device designed to destroy or damage the public building by explosion, blasting, or burning, is guilty of a Class H felony. Any person who receives a second conviction for a violation of this subsection within five years of the first conviction for violation of this subsection is guilty of a Class G felony. For purposes of this subsection, "public building" means educational property [].”

Threat of Mass Violence - N.C.G.S. 14-277.5 “A person who, by any means of communication to any person or groups of persons, makes a report, knowing or having reason to know the report is false, that an act of mass violence is going to occur on educational property or at a curricular or extracurricular activity sponsored by a school, is guilty of a Class H felony.”

Page 22: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Second Degree Trespass

Could apply to restrooms, other areas of campus with posted signage

Can also apply to students who are suspended, etc. from the campus or barred from certain events

Page 23: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Duty to Report and Civil Liability

NCGS 7B-301 REQUIRES school officials to report suspected abuse or neglect to DSS

SROs have a “special duty” to students in their school This means if they fail to protect a student from a danger they

knew or should have known about, they could be liable Must act reasonably to protect students while they are at

school

Page 24: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Electronic Cigarettes

Sale to minors and purchase by minors – Class 2 misdemeanor as of 2013 (N.C.G.S. 14-313)

E-Cigarettes are considered “tobacco products” under the school districts’ “100% Tobacco-Free Schools” policy and therefore banned any where cigarettes are banned under this policy (on campus, school related events)

Some schools may even classify these devices as “drug paraphernalia,” therefore upping the penalty for possession in school

Page 25: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Weapons on Campus

NO open carry allowed on school grounds or at school-related events

People with valid Concealed Carry Permits (or those exempt) can have a gun on campus ONLY if it is: In a closed compartment or container In a locked vehicle or in a locked container attached to the vehicle

A few other exceptions apply

Other banned weapons include: Bowie knives and most other knife-like objects, BB guns, air rifles, razor blades, fireworks, and brass knuckles

Prohibitions also apply on school buses, athletic fields, and other grounds

Page 26: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Sex Offenders on Campus

Applies to offenders who are registered under Article 27A or registrants who commit any offense with a victim under 16 at the time

A parent or guardian of a child enrolled at the school can: Attend conferences with school personnel Otherwise requested to be there by the principal

MUST give notice to principal of registration status

Must give notice of presence at the school unless permission already granted

Must be accompanied at all times by school personnel (direct supervision required)

May come on campus to vote (if voting precinct) or if offender is a student (if approved by school board) or receive medical services

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SRO Legal Updates

Page 28: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Custodial Interrogations of Minors

ALL people under 18 and unemancipated MUST be read their Juvenile Miranda Rights if they are in POLICE CUSTODY and police wish to interrogate them

Until Dec. 1, 2015 Under 14: MUST have a parent or guardian present during

questioning Not waivable by parent or by juvenile

14 & OVER: MAY have a parent or guardian present but may waive this Not waivable by parent

After Dec. 1, 2015 Under 16 MUST have a parent or guardian present 16 & over may waive right to parent or guardian

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Cell Phones

Riley v. California case

What does this mean in schools?

For SROs and school administrators?

Other electronics?

Page 30: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Sex Offenses

Sex between a student and school personnel (not teacher, coach, administrator, or officer) who is at least four years older used to be a misdemeanor. It is now a Class I felony.

Indecent liberties between a student and school personnel (not teacher, coach, administrator, or officer) who is at least four years older used to be a misdemeanor. It is now a Class I felony.

Page 31: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Sex Offenses continued

“School personnel” now includes employees of nonpublic, charter, or regional schools

N.C.G.S. 14-208.15 has been amended. Section (c) has been added which states that an institution of higher education can request the information of a sex offender registered in that county when that offender is or may be a student or employee at the institution of higher education.

Page 32: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Sex Offenses continued

N.C.G.S. 14-27.7A has been changed. The law previously made vaginal intercourse or a sexual

act with a person 13, 14, or 15 years of age a Class B1 Felony if the defendant was at least six years older and not lawfully married to the person.

Additionally, the same statute made vaginal intercourse or a sexual act with a person who was 13, 14, or 15 years old of age where the defendant was more than four but less than six years older than the person, and was not lawfully married to the person a Class C felony.

Both of these sections were changed to “15 years of age or younger” instead of 13, 14, & 15 only.

Page 33: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Graffiti

New statute N.C.G.S. 14-127.1 creates a new crime of “Graffiti Vandalism.”

Covers: Writing Scribbling on Marking Painting Defacing or Besmearing

The walls of public or private real property, building, facility, or monument or statue in a public place Using pen, paint, or marker (permanent or not) 1st offense: Class 1 misdemeanor Two or more convictions upon 3rd (or more) offense: Class H felony

Page 34: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

“Good Samaritan” Immunity

A person will be immune from DRUG prosecution if:1. They are or think they are the first to seek medical attention for

someone experiencing a drug or alcohol overdose by contacting 911, police, or EMS

2. And provide his/her name to 911 or law enforcement

3. And do not do so during execution of a warrant or lawful search

Same protection for person suffering from the overdoseDoes not include other crimes the individual may have

committedSame applies to underage possession or consumption of

alcohol

Page 35: REVIEWS AND UPDATES SRO Legal Issues. Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that.

Contact Information

Whitney Belich

(919)716-6725

[email protected]