LAW IN THE SCHOOL

[Music] so [Music] [Applause] [Music] [Applause] so [Music] um i understand how you feel mr jackson we're trying to locate the juveniles responsible now yes jimmy's okay now and he's back in class fine fine goodbye [Applause] yes mrs green was just in here she said there were some youth fighting down at gate c i'll take care of it okay okay break it up come on break it up come on you go away to my office the rest of you get back to your classes you i've been watching you for two or three weeks now you don't belong on this campus to you come on get going come on shut up why didn't you call this character give me the magazine james turn around and sit down said an invisible man not the invisible man well why no one well what was ellison trying to say why did he call his character an invisible man sit down michael and give me the magazine steric would you please sit down well at the end we see him hiding underground why laverne to me it's a real isolation it's like well you know what some people feel when they have no place else to go exactly laverne but do you think that you could expand on that idea i mean what was he trying drop the cigarette clarence see me after class hillary clinton coming back here at the class every day you heard me i heard y'all hear something i heard no that's cold all i said is i can't come back to class and you gonna cop a plea just like a hunky get out of my classroom clarence i don't want to see you in here again until you've talked to the principal now get out that's cool now laverne was saying that some people feel that mr ellison was referring to the invisible man make sure now read it on your textbooks on page 126 now don't forget not to be late for class say i really enjoyed that discussion today the book really means a lot to me i can sort of feel for the character in what way laverne well i guess i sort of mean the pressures that society puts on people sometimes it makes them react some strike back he just got tired of striking back i guess i guess he did oh i also want to thank you for nominating me for the class scholarship that was my pleasure laverne okay see you tomorrow all right i'll see you tomorrow bye-bye thank you look i told you i didn't want to see you in here again you told me to come back i got a right to being just like everybody else not in my class you don't as far as i'm concerned the principal can do what he likes with you clarence you have been late to every class this semester and i'm not going to take your back talk anymore you can't put me out look i told you to get out of here clarence and i mean it you teachers all the same they send you down here from the government building and boom the social worker's a teacher that's dead and you short on the smarts and long on the stupid don't you ain't nobody gonna put me out of no place put me out move me now look especially miss anne i'm gonna tell you what you report me in and i'ma spoop and jam you so fast you won't even have a chance to say the principal's last name you think about that see in class mama chili this is the third time i've been here this weekend please let's start an orderly meeting here now several of you have requested that we have this advisory council meeting in order to clear the air on the violence problems we've been having at the school or at least some people think we are mr collins i don't think that there's any question but that we're having look mrs hiller i'm a teacher too what happens here happens everywhere wherever you've got kids i don't doubt that many communities face the same problem that's not my point what i am concerned about is that something be done about it i mean i don't want to have to be afraid to step foot into my classroom my idea of teaching doesn't include facing the other end of a switchblade well maybe this just isn't the job for you this is only your first year of teaching right maybe you should think of another now wait a minute both of you this wasn't meant to be a a group therapy uh violence session now i i've asked mr fremont here uh an attorney from the board of education to sit in on this meeting so that he can get an idea of the problems that we're facing why do we always think about the negatives in this school what about the high achievers now hold on that is not what we were discussing well i get pretty upset at always hearing about those few kids who lose their cool what do you suggest we do set up an armed camp guards at every gate cops on every corner you are not going to make a prison out of my boy's school that's one thing we are not going to take am i right that's right that's no way to treat the situation fences with barbed wire guards passes to come and go you can't teach our children that way now just hold on a minute selma we gotta do something we are the parents and we are the community and it's very much our problem we need more security around here it's the only way we can control this violence what about that shooting over at fox junior high two miles away that boy could have been one of our boys mrs dempsey's right just yesterday one of my students was beaten up because he wouldn't give another student his lunch money the school nurse said he was a mess we just can't ignore these problems anymore and hope that they'll go away because they won't now several of the faculty members and parents have circulated this petition we the undersign demand that the administration take some positive action to curb the rising incidence of violence in and around this school area it is our feeling that the fact that just your way to community i never signed that petition i never even saw him this is robert please we are supposed to conduct this just how many of the faculty does that petition oh now well what'd you think of that mess i know how serious it was but it was hard not to laugh everyone wants to do something but nobody really does anything well that that's the way it is around here some parents and teachers want a high police profile while others while they rebel at the very idea i can appreciate your position and then there's the bond issue to worry about if this campus starts to look like a police academy there's a very good chance that that money will be finessed right out of the district look do yourself one favor jim don't be finessed out of your responsibilities as administrator i mean if one of your students assaults or attacks another student or any school employee it's your duty to report it to the police it's a misdemeanor if you don't you mean that i would be guilty of a crime if i didn't report that knife incident in miss hiller's room you'd better believe it and don't give in to pressures from the staff i mean some of them would obviously like to see certain things swept underneath the rug if any school district employee tries in any way to influence you not to report these incidents they're also guilty of a misdemeanor excuse me matt yes what is it mrs withers from the parents advisory council board is here to talk to you about the petitions hillary's circulating well i'm busy right now she'll have to make an appointment to see me next week if it isn't mrs withers it's miss hiller or doc murphy or some irate parent uh asking why her somebody stole her child's lunch money or why he came home with bruises but you know jim if a student is beaten up attacked on the playground injured you'd better report it i mean all the police have to go on as your report if the minor episodes are ignored they escalate then boom you've got another fox junior high on your hands uh no you've got to keep the lines of communication open right from the beginning the beginning is when these kids from other schools start to congregate around these gates out here oh i've tried calling the police but that doesn't really solve the problem i'll admit it's damn hard to deal effectively with the outsiders but that's mostly because the police have their hands tied in these situations why well for example if the crime statute on loitering is broken california's murdering statute penal code section 653g prohibits anyone from lingering near any school or place where children congregate unless he has a lawful purpose for being there although the language of this statute is broad the courts have interpreted the statute narrowly enforcing it only against persons found to be lingering around schools while awaiting the opportunity to commit a crime in other words merely lingering around a school with no apparent business is not enough to justify an arrest under this statute well then how can one tell whether a suspected loiterer is awaiting a chance to commit a crime admittedly it's very difficult because it's often impossible to infer someone's intent from his actions of course if it appears that the outsiders are actively looking for a fight our harassing students are about to block school entrances are behaving in some other similar manner criminal intent of course is clearly suggested while the loitering statute was enacted as a preventive measure there are two other statutes which attempt to deal with school trouble after it begins the first of these education code section one three five five eight point five provides that any non-student over sixty who comes on to school property and who causes a disturbance or inflicts damage is guilty of a misdemeanor however this statute only applies to persons who cause trouble while on school property it has no application to persons who cause trouble while outside the school premises the other statute which was enacted to deal with school trouble after it begins is penal code section 626.8 it provides that any person who comes onto school property or adjacent areas without lawful business and interferes with school activities or causes of disruption is guilty of a misdemeanor if he's asked to leave and remains there or returns within 72 hours in seeking to reduce the amount of injury and property damage on school premises school administrators and law enforcement officials should explain to parents the extent of parental liability for their child's destructive behavior for example if any minor intentionally defaces or destroys school property even library materials the parents are liable for all damages and if property other than school property is willfully damaged parents are liable for up to two thousand dollars in addition if a parent lets his minor child under 15 bring a firearm to school or is negligent enough to leave it lying around the house with an access to the child he is financially liable for all consequent property damage and would have to pay whatever damages the court awarded for the death or injury to persons the parents in the community have got a problem here they've got to realize that they have to share in the responsibility of that problem i'm sorry matt i'll cooperate with the police as much as i can but damn it i've got a job to do and right now part of that job is trying to keep the peace here and i don't mean between the kids and what you saw in that advisory council meeting was nothing you ought to sit in on a faculty meeting sometime no thanks i don't know when i was in grade school we didn't have all this we we got along we enjoyed ourselves or maybe that's just the way i'd like to remember it come along [Applause] hey i went without bad clearances anyway i don't know man what we gonna do if you don't come through with your money hey we understand the captain ripped off some tape from the school yeah so he's giving my money or them tapes well i'm gonna get [Music] hey man i want my money that's what i wanted [Applause] [Music] where police officers are generally called onto campus rather than coming of their own initiative their authority to enter the campus is in no way conditioned upon their being summoned neither is the authority of the police on campus subject to any security officer or teacher who might be patrolling the area law enforcement officers have the authority to interview suspects witnesses or students while those persons are at school since public necessity gives police investigation and apprehension of suspects the highest priority school officials may not hinder the questioning of students by police officers it is good policy however for the officer to notify school authorities before questioning a student during school hours if possible you got any weapons on you no man y'all get your kicks out of feeling on people don't you worry about it hey man what are you dudes fighting about man i wouldn't fight nobody you see me fighting where'd you get that tape recorder get off the car oh it's pretty funny i saw you throw it in the bushes over there well i did what's your name thomas any id malcolm nope what school got oh man what's so important about what school it is i go do you go to this school here nope i'm gonna hook them up malcolm i want you to listen very closely because i'm gonna advise you of your rights all right first of all you have a right to remain silent do you understand that yeah second of all anything you say can and will be used against you in a court of law do you understand that here the officers suspect thomas of possessing stolen property and they may therefore take him into custody under welfare and institutions code section six to five that statute allows officers to take a juvenile into custody whenever they suspect that he has violated law the officers must give miranda warnings to juveniles such as thomas or taken into custody whether or not interrogation is intended thomas like all juvenile suspects can waive his miranda rights and give a voluntary statement provided he understands the meaning of those rights and freely waives them but if thomas or any other minor requests the presence of his parent in response to his miranda warnings the courts have held that this request is the equivalent of asking for an attorney therefore all questioning must cease until the arrival of the parrot before removing a student from school officers should notify school authorities the administrator is then required to notify the parent or guardian of the students released to the officers and the place to which the miner is being taken welfare and institutions code section 627 requires the police to also notify the parent or guardian of the miner's location finally officers must allow the miner to complete two phone calls at his own expense within three hours after being taken into custody these calls can only be made to an attorney a parent or a guardian if an officer deprives a mind of this right he commits a misdemeanor oh how do you do it sit down trouble with one of my students well i was driving by the schoolyard and i observed some juveniles fighting by the time i got my car stopped it scattered except for one student from youngston high he had a school take cassette recorder with him where did he get it well that's what we'd like to know uh this is a strange coincidence just the other day uh i received an anonymous note that one of my students here uh had some school equipment in his locker you check it out well to tell you the truth i'm so confused about the search laws but well i don't know when i can when i can't open a student's locker besides i don't think it would really do any good are you seeing any equipment yeah one of my teachers has reported some missing equipment well why don't you check that tip out you don't have to worry about the search laws if you find it in your administrative duty to search a student or as locker you can do it as long as you're reasonable i didn't know that you see being a police officer i couldn't search a student's locker on my own initiative without a warrant i'm limited by the fourth amendment but if you requested my assistance and the courts would consider me as acting as your agent and i look i don't mean to sound ungrateful but uh i'd rather not call the police in on the situation just yet i'd much rather handle the situation on my own makes for better pr with the uh community if you uh if you see what i mean well if you change your mind you want our help yes right thank you goodbye school administrators have far more latitude in conducting searches and seizures than to law enforcement officers since school authorities are not government officials the fourth amendment does not apply to them however the courts have held such searches must be reasonable and related to the school officials duties school authorities may request assistance from police officers in conducting searches and seizures which the officers acting on their own would not have the right to make the officers must in such cases be acting as agents of the school official rather than on their own if the court decides that the school official was acting as an agent of the officer rather than the officer acting as an agent of the school official the strict fourth amendment rules applicable to police officers will be applied a school official will not be considered an agent for law enforcement so long as his primary aim in making a search is to secure evidence of student misconduct for school purposes on the other hand if his primary aim for searching is to obtain a court conviction he would be considered an agent for law enforcement the school official may intend to inform the police about evidence he finds in his search but that intention does not mean that he was acting outside of his duty as a school administrator mr collins asked me to give you this tape recorder oh thank you where did he find it i don't know was it missing yes i hadn't seen it around for days well thank you for returning it to me you're welcome miss hiller i'll see you in class tomorrow bye [Applause] i want to talk about [Applause] hey you got my money yet nobody amen [Applause] [Music] [Music] i understand but i wonder if miss heller miss heller excuse me judge well thank you goodbye mr collins are at it again again calm down who is that what clarence duncan and the others they're in a tremendous fight out there i think that you better call the police no miss hiller i think you're a little too excited about this now when i was down there and broke up that fight this morning there was nothing really serious mr collins you are the administrator of this school and i think that you better do something about it right now [Applause] [Applause] yes [Applause] oh my god [Applause] mr collins do something oh my god mr collins do something [Music] hmm [Music] thank you [Music] so [Music] foreign you