REVIEWS AND UPDATES SRO Legal Issues

Objectives Review important legal topics for School Resource Officers Explore statutory and case law updates that impact School Resource Officers

School Searches: Review

The 4 th 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”

The 4 th Amendment and Public Schools Students ARE protected by the 4 th 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

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

SROs and the 4 th 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

TLO and School Officials New Jersey v. TLO set the standard for how to apply the 4 th amendment in schools It held that school officials only needed REASONABLE SUSPICION to search, not a warrant and probable cause as police need

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?

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”)

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

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

Typical Law Enforcement Searches: Review

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

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

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

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

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

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)

Specific Offenses

Mass Violence and Bomb Threats Bomb Threats – N.C.G.S (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 “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.”

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

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

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

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

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

SRO Legal Updates

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

Cell Phones Riley v. California case What does this mean in schools? For SROs and school administrators? Other electronics?

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.

Sex Offenses continued “School personnel” now includes employees of nonpublic, charter, or regional schools N.C.G.S 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.

Sex Offenses continued N.C.G.S A 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.

Graffiti New statute N.C.G.S 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) 1 st offense: Class 1 misdemeanor Two or more convictions upon 3 rd (or more) offense: Class H felony

“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 overdose Does not include other crimes the individual may have committed Same applies to underage possession or consumption of alcohol

Contact Information Whitney Belich (919)