{"id":7654,"date":"2012-11-19T06:38:25","date_gmt":"2012-09-01T07:54:52","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-09-01T07:54:52","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=7654","title":{"rendered":"IN: School security officer wasn’t acting as a LEO, so student pulling away from handcuffing wasn’t a crime"},"content":{"rendered":"

A school security officer, a local police officer working on a contract basis, started to handcuff the student when he stopped a fight about to start when the student pulled away. He wasn\u2019t acting as a law enforcement officer, so the crime of resisting a law enforcement officer \u201ccannot stand.\u201d K.W. v. State<\/a>, 976 N.E.2d 61 (Ind. App. 2012)*:<\/p>\n

In the context of searches and seizures in a school setting, our courts have recognized a clear distinction between a search and seizure for the purpose of furthering “educationally related goals” and for the purpose of a criminal investigation. …<\/p>\n

We conclude that the factors which distinguish between law enforcement officers investigating crimes and those serving as school security officers promoting a safe school environment, as set out in Myers, T.S., and C.D., apply here. Officer Smith testified that, as a liaison officer for Ben Davis High School, his duties included serving “as security for all staff [and] students, and enforc[ing] some dress code policies and all other rules and procedures.” Transcript at 2. On August 30, 2011, Officer Smith had observed K.W. and another student “facing off” in the hallway before a teacher intervened. Id. As Officer Smith approached K.W., he asked K.W. to turn around, and he “handcuffed him for his safety[.]” Transcript at 3. Officer Smith further testified that that was “a normal procedure [he] normally do[es]” in such a situation “so neither student would attempt to strike the other one[.]” Id. at 3, 6.<\/p><\/blockquote>\n","protected":false},"excerpt":{"rendered":"

b2evALnk.b2WPAutP Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":3,"featured_media":0,"comment_status":"","ping_status":"pingsdone","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[],"tags":[],"class_list":["post-7654","post","type-post","status-publish","format-standard","hentry"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7654","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/3"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=7654"}],"version-history":[{"count":0,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/7654\/revisions"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=7654"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=7654"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=7654"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}