Hmmmm . . . actually doesn't that depend on school district policy? If the school district has a rule that the students and their parents have been notified of, including the range of penalties for violation of that rule, then does that become lawful from the standpoint that while the child is on school property then the school system is considered -- as a minimum -- a legal co-guardian?
generally lower laws dont overrule higher laws...a school rule can't overrule state law...if my son uses his phone and the principal demands he turn it over he can refuse, he's under no legal obligation to do so...
But is that a principle that applies to Houston, Texas schools in so far as legal guardianship is concerned? By that I mean a parent has the legal right to discipline a child, which includes confiscating a phone and -- within reason -- using physical restraint if a particular situation seems to call for it. Wouldn't that same legal guardianship principle apply in this case considering that by law the school is legally responsible for that child in so far as not only safety but discipline is concerned?
"I wasn't doing anything... I just didn't want to give up my phone." Hey honey... news for you: Rules exist and actions have consequences.
Even with your description of the case, the cops were grossly excessive. Ignoring a teacher does not warrant being tackled by 3 thugs.
She said she was in pain, that was in all the articles I read. The only people who really know if she was in pain are the girl and the cops. The cops certainly are not going to admit she was in pain. The fact that she was not injured (as far as we know) does NOT mean that excessive force was not applied. It is possible that there is more to the story and the cops did what was necessary. A year ago, I would have given the cops the benefit of the doubt. No longer. There are far too many cases of cops abusing their authority and using excessive force resulting in injury and death, with no or minimal consequences to the cops. Cops act like they are above the law - and they are. The system is broken, we live in a police state, and the cops are not your friend, are not to be trusted, and are to be avoided.
Sort of sounds like assault...But anyone who sends their kid to public school has already demonstrated they do not care.
She's a 10th grade girl with a cell phone. How is it reasonable for not only the police to respond to this, but to subdue her as well? Not to mention have 3 respond.
I don't see how a school can legally seize a phone against a students will. They could suspend her and kick her off school property for failing to abide by school policy. But that's her property. Not the schools. It's one thing if students want to give their phone to a teacher willingly in order to avoid suspension. But if the kid refuses then you punish her by rules of the school and suspend her. Why the heck did the cops need to be involved? Can anyone tell me what law she actually broke?
A statement like this could only come from someone who has no idea what being poor is. - - - Updated - - - Yeah. Rules exist. Like the rule that a law has to be broken for cops to attempt to arrest you. Breaking school rules isn't against the law. - - - Updated - - - The school can choose to kick her off school property for breaking the school rules. And if she refuses to leave she can get charged with trespassing. But you don't get charged for breaking school rules.
Kids and their cell phones, jeez! Don't forget, it ook 3 ARMED police officers to subdue her. I could just hear the calls of desperation from the cops: "We need backup! Suspect is armed with a cellphone and is extremely dangerous!" Those 70 pounds must have been all muscle. Honestly, aren't cops supposed to know a thing or two about conflict resolution? There is no reason why the cops needed to respond. Why didn't the faculty threaten to call her mother instead?
Point is - let teachers carry weapons and the cops aren't required. Them being agents of the state changes nothing, get teachers into training if you have to. Heck, feel free to put them through police training.
The girl wanted to play stupid games, so she wins stupid prizes. I don't feel sorry for her at all. That's what she gets.
On phone in class against school rules. Refuses to get off per teacher instruction. Refuses to surrender phone per AP instruction. Refuses to surrender phone per police instruction. Causes an altercation which caused her to be face down on the floor, conveniently not shown. Sounds like this parasite has a problem with authority and expects the rest of us to feel sorry for her just because shes small? You're at school to learn you little degenerate, not to have social time and facespace it up with your tweet-a-grams. Ohhhhh yeaaaaa "children are our future"... ...future sure is going to suck from what I see.
Yeah....since I know a lot of Cops I can tell you there is definitely more to this story. Knowing the type of personality that even faced with being expelled or arrested this girl STILL decided to fight it out with COPS over a freakin' cell phone....her mouth must have been going something fierce. If this kid is acting this way now...imagine her driving on the road with a car and TEXTING!!! I think the COPS probably saved both this kid and some other peoples lives by doing this. AboveAlpha
"I don't wanna" is not justification for rule infraction. If this were my daughter acting like a spoiled brat, she'd be living the next six months without her precious cell phone.
This is insane; a child is taken into police custody for breaking a school rule-not the law but a school rule? I can't believe that people are actually tacitly suggesting that there's nothing wrong in this!
Yeah. Is there anything more that your fertile imagination can extrapolate from this story? Perhaps you should have gone in with your 'TEAM'...
Why were police there in the first place? I'm guessing that school has problems. OTOH, I also think it was an overreaction by the police on duty in the school. Should have just suspended the kid and sent her home.
In what appears to be becoming an increasingly authoritarian nation I'm frankly not surprised that the police are pretty much everywhere, with violent over-reaction by them the norm rather than the exception.
Only from a very narrow point of view. I've never seen anything like that happen. Just because isolated incidents across a nation of 318+ million citizens get a minute of play on the news doesn't mean it's an epidemic of authoritarianism....even in an increasingly Liberal city like Houston.