was caused by Calvin & Hobbes
Posted on 09/20/2006 5:14:15 AM PDT by Puppage
(New Haven-WTNH, Sept. 19, 2006 10:45 PM) _ A student's refusal to walk through a safety detector earns him a trip home.
For some the installation of metal detectors in schools is to better protect those inside.
One New Haven student is refusing to walk the walk, questioning whether his rights are being violated.
The district says it is like the right to enter a courtroom or get on a plane. It's new policy to keep young people safe.
For this New Haven student it's all about his fourth amendment right to be free from unreasonable searches and seizures.
Nick Evans is getting a lesson in the legality of school policy.
The 16-year-old was sent home after refusing to walk through a metal detector and be searched as he entered Career High School.
"They haven't done this properly. There's not policy stating that I have to," says Evans.
The high school junior is challenging the New Haven District's recent decision to implement added security measures in the building last week.
"The handbook dictating district policy states they need reasonable grounds to search me."
No where in the handbook, he says, does it spell out anything about random searches or the use of metal detectors.
"I'd like to see them actually making this legal."
But a spokesperson for the District says the Superintendent has the right to make changes in what he considers to be emergency situations. The increased security comes after a violent summer in the Elm City and the deadly shootings of a 13-year old girl and boy.
"The Superintendent has the authority in the event of an emergency to enact directives and right here he believes it's important right now to expand what we are doing in terms of security for all students in the high school," says Susan Weisselberg, New Haven Public Schools.
The district admits it has no written policy on its latest measures but says that's about to change.
"We are adopting a formal policy. We will have the first reading by the Board of Ed Monday night," says Weisselberg.
For the schools, metal detectors and student searches are about keeping kids safe.
Nick Evans says he'll follow the policies as long as they are within the boundaries of the law.
"I would if it's a good sound legal policy. If they try to trample 4th amendments rights... ah getting shaky," says Evans.
Nick Evans says he will go to school tomorrow because he doesn't want to miss his classes, however he's plans to be vigilant in making sure the district follows through.
There is also no formal written policy for the use of metal detectors at Hill House or Wilbur Cross High School but the district says that will change too.
Indeed.
As far as the government is concerned, we're all criminals until/unless we advance to being a member of the 'protected class' where the rules just don't apply.
I dont know...sounds like the kid is learning pretty well to me. He's actually read the school policies, understands English and wants to stand up for his rights rather than just roll over and take it. I agree with him.
Do you have a problem with the government being obligated to have a reason to search you?
The government has a reason to search him. The reason is because he's entering a public school. He doesn't have to submit to the search. He is abslutely free to stay home and study there.
Except as we all know, the school is not legally liable for the kids safety... Think they are? Let Little Johnny break his leg at school or something and then go ahead and expect the school to pay for it.
I'm not really interested in playing games of semantics with you, but if it wasn't a search it wouldn't be mandatory.
Interesting theory - albiet completely false.
Committing perjury is hardly an example of free speech. You swear to tell the truth, yada yada yada, and then lie? That causes direct harm to another person thereby violating HIS rights - hence, it isnt a 1st Amendment issue. Remember, your rights end when your exercise of them infringes upon anothers rights.
Same thing with child porn. The perpetrators of that are committing a direct violation of a child and causing him harm. As you have no right to harm another, this is certainly NOT a protected expression of your right to a free press.
You want to try again?
-When you exit Wal-Mart through the RFID detectors with a new pen in your pocket, have you been searched?
Oh puhleeze - thats weak beyond measure.
That logic would mean i could be searched on the street at will as I'm absolutely free to stay at home.
Get a real life.
Ah, a future ACLU lawyer in the making....
Irrelevant. The state is neither committing the search nor compelling you to go to Wal-Mart.
I'm just asking if the RFID scan constitutes a search. Nothing more. Does it?
No, you missed my point entirely. My point is that the lone kid who is challenging the policy would reconsider challenging it if he was faced with gunmen that otherwise would have been stopped had there been metal detectors.
When my friends and I attempted to play tackle football at recess when I was 12, we were yelled at. Why would the school have rules banning rough play on the playground (which we attempted to ignore until we were caught) if they felt they wouldn't be liable for the safety of students?
You can be searched anytime on a public street, if there is a reason. Entering a public school is a reason. Entering a stadium at a college football game is a reason. Entering the white house or capital building. Suspicion that you're driving drunk. Suspicion that your transporting biological weapons. The government is obligated to protect the citizens. But no one is subect to these searches. Only those who want to enter or use goverment owned facilities.
That was dead on!
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