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echo: askacop
to: RICH WILLBANKS
from: TOM RIGHTMER
date: 1998-03-09 01:06:00
subject: zero tolerance

 RW> In some cases it is.  The rules on weapons and drugs at schools
 RW> are backed up by law.  Carry either on school grounds and go to
 RW> jail.
Negative, they are not. All of the examples you cited were not the law, they
were school policy. Your examples of glucose tabs and butter knives wouldn't
work in a court of law. All of the examples you cited were nothing but school
administrative policies, and they had nothing to do with the law. The
examples you cited would be compared to chewing gum, they were not against
the law. Yes, you can get kicked out of school for chewing gum, but try
filing criminal charges with that one or the ones you listed. You can go to
jail for violating public laws at school but not for violating school policy.
 RW> You're missing the point I'm trying to make.  Schools now have ZT and
 RW> it has gotten out of control.  What is to prevent it to get out of
 RW> control is the police forces?
I'm not missing any point at all, and it is only your opinion that school
policies are out of control. For example, I could argue both sides on the
carrying of glucose tabs in your pocket. One could argue that wrapped and
known substances would be smarter since many dangerous drugs are distributed
in that manner. This school rule would not be without merit, and it doesn't
leave the diabetic without other logical choices which would take care of the
same problem. Their may be tons of folks in your community who are tickled
pink about the rules in your school, especially if they make illegal drug
distribution more difficult. First, you would have to make the assumption
that a large number of folks think the school programs are out of control,
yet there are only isolated cases indicating any problem at all. Second,
school rules have a completely different process than public law. There is a
lot more scrutiny in public law, and there are tests which are usually
applied before they are even discussed by the legislature. Many don't even
make it out of committee because they are deemed to be unconstitutional,
expensive, difficult to enforce, etc.
 RW> And a police officer is just a city worker until a crime is
 RW> committed, so?  BTW, the crime doesn't have to be committed if front
 RW> of him.
Not a city worker, a school official. BTW, there are many misdemeanor
criminal offenses that have to be committed in the presence of a police
officer before the officer can file the charge. In fact, the vast majority of
misdemeanor offenses must be committed in the presence of a police officer
before the officer can file the charge, with few exceptions. Felony offenses
don't have to be committed in the presence of an officer for the officer to
file the charge.
 RW> Not from the way I understand it.  The only difference between
 RW> an office in the school and one on the street is his beat. Some
 RW> schools, I have heard, have security guards who are off duty cops.
Some officers do have regular police duty in the schools, such as the
D.A.R.E. Officers (Drub Abuse Resistance Education, but the majority of
officers working in schools are working for the school board in most
jurisdictions.
 RW>                                      Also I've seen LEOs in full
 RW> uniform acting as security guards at the local Wal Mart. I would
 RW> think this would bring some really sticky questions if something
 RW> happened.  Was he acting as a Wal Mart employee, a private
 RW> contractor or as a city employee?
The officer would be a Wal Mart employee, but he or she would have full
police power if a law was violated. Most jurisdictions require an approval
from the individual department before the officer can accept the off-duty
job. It is many times in the best interest of the city to authorize off-duty
employment, especially if another entity is paying for police services that
benefit the city or town. Most departments require the officer to get a
signed contract that defines liability for injuries, etc., or there is a
standard form which places certain liabilities on the employer. Example: the
officer gets hurt, does Wal Mart or the city pay the medical bills?
Tom Rightmer - A Victims' Rights Advocate
... Weather forecast for tonight: dark.
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