Posted on 01/24/2015 7:48:15 PM PST by EinNYC
The kid was probably twice the strength of the teacher. It would have ended badly for the teacher if he tried to fight back.
The teacher didn’t just confiscate it, he smashed it to bits.
“If i had a son....”
Elbow high?
Thanks! Now who’s in control, would be what happened...
“Sorry, but you don’t know what you’re talking about.”
So I take it your a LIB, or at least a sheep...
Unbeknownst to you, we have rights in this country. If you boarded a train and they took your cell phone what would you say? “That’s OK?” PROBABLY...
What about your gun? (you probably don’t have one)
16 yo’s have rights too...
A 16 year old in grade nine?
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The only thing long and hard on him was 2nd grade.
Suppose the train had clearly posted a rule: No cell phones on this train. And suppose there was a very good reason for this rule, perhaps the cell phone interfered with the train's electrical systems.
Now suppose a number of teenagers were on the train with cellphones. You are the conductor. Would you have the engineer bring the train to a full stop each and every time a kid used a cell phone, then toss the kid from the train?
Whites though are too uninformed to figure this out.
Not sure what they pay teachers in NJ, but it can’t be enough to deal with thugs like this.
WOW, just WOW!
Lots of kids turn 15 in grade 9. He might be only 1 year behind.
There is NO constitutional right to violating school rules or disrupting a class by using your cell phone or cheating on a test by using your cell phone. There is NO violation of the 4th amendment if the cell phone is out and visible and in use against school policy, and particularly if it is only confiscated and not having its messages read. Sorry, fella.
When will we learn that some cannot be tamed?
If we wanted to secure our future of being a civil society, the thug would be put to sleep like we do rabid dogs. He’ll never bring anything positive to society.
The correct answer to #30 is troll the Urban Feral behind the train until his behavioral ‘rough edges’ are worn smooth.
Remaining in school is expensive and the taxpayers must demand their money be well spent, not wasted on those who are determined not to learn.
Now he’ll be expelled. Ten years of Middle School he’ll never get to complete.
No, I know what the law is, you don’t. The law is not what we wish it to be. It is what it is, and this student has not had any of his rights violated by having his toy taken away.
Note two things: 1) Most states limit the temporary seizure to the current school day. AFAIK, no Federal Court has weighed in on the time period considered "temporary." Both the ACLU and the Educational Lawyers Association recommend the end of the current school day to administrators who want guidelines. 2) For public school students, Fourth and Fifth Amendment protection standard is "reasonable suspicion," which is a lower standard than that applied to citizens: "probable cause."
There have been numerous Supreme Court decisions on this. EinNYC is correct in his understanding of the case law.
The "first" public school case of much importance was Tinker v. Des Moines Independent Community School District, 1985
The most important Fourth Amendment cases are discussed [among many places] here, for example: http://digitalcommons.pace.edu/cgi/viewcontent.cgi?article=1753&context=lawfaculty
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