Student Arrested for Burping During Class

ABC ^ | Kathryne Solove

[Morgana]

A 13-year-old student in Albuquerque, N.M., was allegedly arrested for burping during class.

According to his lawsuit, after he “burped audibly” his teacher called the school resource officer, who in turn called the authorities to have him arrested for “interfering with public education.”

“They are using petty misdemeanor charges to arrest children in New Mexico,” said Shannon Kennedy, the boy’s attorney.

A seventh-grader at Cleveland Middle school, he names his teacher, principal and a police officer in his civil rights lawsuit.

[CedarDave]

Course this is the state where they gave a guy a colonoscopy and multiple digital rectal exams looking for drugs after he rolled a stop sign, all performed under an expired warrant in a county where it was never valid in the first place, AND THEN SENT HIM A BILL FOR IT!!!!

The attorney, Shannon Kennedy, is the same one who sued in the colonoscopy cases. She must have a direct line to the news media after she takes on these bizarre cases.

[ScottinVA]

Damn.. Imagine if he’d fired a spitball from a peashooter... the “authorities” would have shot him dead.

[CedarDave]

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[Still Thinking]

And his little dog, too!

[Still Thinking]

Or made a gun shape with his finger! I think it should be mandatory from now on when dealing with any authorities, to keep your index, ring and little fingers tightly curled to make sure you don’t offend them with a gun shape.

[Steve_Seattle]

"This is ridiculous. I suppose it’s possible the kid was ‘fake-burping’ loudly in order to disrupt the class, but even in that case, is arrest really the way to handle things? If the kid is acting up and disrupting the class, send him to the principal’s office."

Your naïve proposal assumes that public school officials are amenable to common sense.

[Slyfox]

I trained my boys from the age of one, that there were consequences to unacceptable behavior. What I did was get in their face and ask in a low, firm voice if they wanted a spanking. It worked like a charm. But, I had to make sure I didn't let them forget that I had it as a backup. In other words I could never let them slide or get whiny. I can't remember if I ever did have to spank them.

Teachers loved my boys because they always behaved well and were respectful at all times. It was worth all my effort.

[plainshame]

Past stupidity.

[Rebelbase]

Same here.

[GladesGuru]

““There is something very wrong in New Mexico”

Too much Roswell?”

No!

Too many Democrats.

[wjcsux]

Its a good thing they didn’t do that when I was i Middle School 45 years ago. I would still be in detention!

[Domandred]

arrested for “interfering with public education.”

I've seen this charge in various cases in various States...are there actually laws on this or is it police/schools making crap up and hoping nobody notices?

[healy61]

Wouldn’t that arrest need a sworn statement, with a warrant issued by a Judge or Magistrate upon probable cause? Unless this was a felony. The officer should have gotten statements of witnesses, and approached the court. The Judge, if in his right mind, would tell the officer, get the hell out of the court.

[jocon307]

That’s a good point. I don’t know if they have the ability to refuse to come if called, but they certainly are not required to arrest people (I don’t think, not for burping or misbehaving).

And if I were a taxpayer there I would very much like to know how much of my money was paid out in the “sealed” class suit settlement.

[howlinhound]

“Its a good thing they didn’t do that when I was i Middle School 45 years ago. I would still be in detention!”

..I’d be on death row!

[Morgana]

“The attorney, Shannon Kennedy, is the same one who sued in the colonoscopy cases. She must have a direct line to the news media after she takes on these bizarre cases. “

Yea just what I thought. Too much Roswell.

[Morgana]

“Too much Roswell?”

No!

Too many Democrats.”

How do you know they are not one in the same?

[Still Thinking]

Yeah, they did get a warrant. They claim that at the traffic stop for the stop sign he clinched his ass when he got out of the car, and that was evidently enough for a warrant to issue, in the mind of the judge. BUT (aside from that already questionable proposition), the warrant specified a certain time within which to conduct the exam, and was only valid in the county for which it was issued. In addition to ignoring multiple negative results, the cops violated both the time and geography limits of the warrant. I hope the guy end up owning him a police department (and a hospital).

[Morgana]

arrested for “interfering with public education.”

One for your ping list perhaps?

[Still Thinking]

That’s a good point. I don’t know if they have the ability to refuse to come if called, but they certainly are not required to arrest people (I don’t think, not for burping or misbehaving).

Of course they do. Can you imagine if they were legally required to roll on each and every call from some random idiot?