76 IN-DEPTH FRIDAY, DECEMBER 18, 2015TOM TOM

any way, the offi cer must act quickly. With that, an offi cer has no obligation to react to a request by the school. If the circumstance is not legal or does not require the force of an offi cer, the offi cer does not have to respond. If an offi cer fi nds information illegally, meaning they did not have a warrant or probable cause to look for the found evidence, then the evidence found from that point on cannot be used in court.

“Usually it becomes an issue with me when somebody’s safety is in question or somebody has broken a law. Those are typically the times when I’ll get involved,” School Resource Offi cer Sean Vest said.

Vest has been an SRO at Bellevue East for three years and has encountered many situations where he has had to search or detain students for various reason. If Vest fi nds information or evidence, but the information is not enough for probable cause, then he will give the information to the school and let the school handle it. Also, if the evidence was found in someone’s locker, then he must hand over the evidence to the school along with any other information concerning the case.

Most incidents involving lockers are given to school offi cials because lockers are school property and without an offi cer’s personal probable cause, the offi cer is limited to their involvement in the situation until it becomes a legal case or the offi cer is provided probable cause. The school resource offi cer is also more than likely to be responsible of pursuing the charges against a student. For example, if illegal contraband is found on a student, Vest would be the offi cer to fi ll out all of the paperwork regarding the case and he would need to testify in court.

“If anything really happens in the school and it’s a situation where somebody needs to be ticketed, I’m more than likely the one that will do it, notify the parents and go all the way through with it,” Vest said.

Cailin TomsuEditor in Chief

Destiny SotoFeatures Editor

Nationwide, there has been an increase in the amount of controversy surrounding the police department and school resource offi cers (SRO). Videos have gone viral, showing police violence, including those in a school setting. Students are not taught their rights against SRO’s in school. School Resource Offi cers are considered a specialized position in the police force and require extra training. SRO’s are supposed to be well qualifi ed and trained when going into a new job in a high school and have to follow certain rules.

“They [SRO] have to adhere to our department manual. There isn’t anything that is specifi c because he [SRO] has the same authorities and he’s [SRO] required to conform to the same rules or regulations that anyone that wears this [police] uniform does,” Bellevue Chief of Police Mark Elbert said.

To become a school resource offi cer, in most cases, one must have been a police offi cer for at least three years. Police offi cers go through the academy which is 14 to 16 weeks. If one would like to become a school resource offi cer, that person would have to go through specialized training to be SRO certifi ed. Many school resource offi cers must also go to summer extensive training. There is an application and a screening process for possible school resource offi cers to complete. The majority of the time, SRO carry all of the same weapons as any other police offi cer.

“In general, searches of any individuals are covered in the Fourth Amendment. There has to be, for me to search someone, probable cause. I have to have something to support why I am doing this,” Elbert said.

An individual can consent to a

search by giving permission to an offi cer. However, search and seizure policies will vary from school to school; each school will different expectations of their SRO.

“If there is probable cause to search an individual and said individual doesn’t want to comply to said search and the offi cer has probable cause, he [the offi cer] is going to search,” Elbert said.

Police and school resource offi cers have to have probable cause to search but do not have to tell the individual who is being searched, what that probable cause is. If an offi cer has probable cause, searches you and fi nds nothing that does not mean the offi cer did not have probable cause in the fi rst place.

Probable cause is a necessity when conducting a search. However, the offi cer who may be conducting the search is not required to tell the individual that is being searched what their probable cause is. Probable cause will vary from offi cer to offi cer.

“The same threshold to search someone is the same threshold to arrest someone” Elbert said.

Many things are taken into account when detaining or searching someone. For example, someone’s age, capability, motive, weapons, if any, or what the offi cer thinks the individual might do. Any and all offi cers have to be reasonable in the amount of force they use while detaining an individual. Offi cers may also be appointed to a case or can be interjected into a situation by the school if the situation requires police force.

“For us to do anything with it [information], I have to have to legal means to get there. If I don’t have the legal means it will always be deemed an illegal search” Elbert said.

If an offi cer is interjected into a situation by the school, they must be reasonable in their response. If it is an exigent circumstance, meaning that the individual has proven itself harmful to itself or other people in

Police offi cers explain their offi cial responsibilities

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School Resource Offi cer’s fully equiped vest

The vest on an SRO contains all the same weapons as a police offi cer. Those include: two pairs of handcuffs, mace spray, a gun, a taser, extra ammunition, a patch kit and a baton.

The two pairs of handcuffs are used when an SRO needs to detain a student.

The taser is used when a student is a danger to his or herself, or another person and needs to be detained.

Police radio is used to keep in contact with the police, to notify or get notifi ed when there is trouble.

SRO’s carry around extra ammunition, in case they run out, and to be pre-pared.

Mace is a spray used to help an SRO detain a student without using force.

A baton is used when physical force is found to be necessary.

Board v. Barnette Supreme Court ruled that students could not be forced to salute the fl ag against their will.

Engel v. Vitale Supreme Court ruled that students have the right to be free from religious oppression.

Tinker v. Des MoinesSupreme Court ruled that students could not be suspended for expressing forms of independent speech.

U.S. Supreme Court ruled that students are guaranteed “due process” rights when facing suspension from school.

Bethel School v. Fraser Court ruled that school was not violating students rights when it suspended a student for using bad language in a speech to the school.

Hazelwood School v. Kuhl-meier, Supreme Court ruled that the school paper was subject to censorship if it counteracted the educational mission.

Supreme Court ruled that schools can require students in sports to submit drug tests.

All students, staff, administrators and everyday people are protected by the Fourth Amendment. The Fourth Amendment states “the right of people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures, shall not be violated and no warrants shall issue, but upon probable cause, supported by oath or affi rmation, and particularly describing the place to be searched, and the persons or things to be seized.”

Students, even though they are not legal adults, have the right to be protected from an “unreasonable search or seizure.” Students are also protected from being questioned when they are in school, at a school event or on school property. According to the American Civil Liberties Union (ACLU), “a school offi cial, ex: a teacher or administrator is allowed to search a locker if they have ‘reasonable suspicion.’” The person who might search students’ lockers are required to tell them that their lockers were searched and why.

Reasonable suspicion is a suspicion based on information of wrong or illegal doings. If a teacher were to hear a rumor, that is not reasonable suspicion. However, if an authority fi gure, like a principal or dean, were to approach an offi cer and present to the offi cer a reasonable and legitimate concern regarding a student and some sort of illegal action or substance, that would provide the offi cer with enough probable cause to further investigate. School offi cials are allowed to give a police offi cer permission to search a student’s desk or locker.

A teacher or administrator is not allowed to search or look through a student’s phone or any other personal electronic devices that a student might possess - unless they have reasonable suspicion that texts or anything else on the device will show wrong or illegal doings. School offi cials are not permitted to search the entire student body due to suspicion of one single student. For example, if one student in an English class is suspected of being in possession of an illegal substance, a school offi cial is not allowed to search every student in every class.

If a student is searched and evidence is found that can be used against the student, the school offi cials are allowed to use the

Cailin TomsuEditor in Chief

Destiny SotoFeatures Editor

ACLU informs students on their rights in schoolevidence as long as it was found legally. Even in school, all students have the right to remain silent while being questioned and a student cannot be punished for staying silent.

At Bellevue East High School, the Student-Parent Handbook gives staff members the right to “use reasonable physical force, as distinguished from punitive action, against a student or physically restrain a student when it is necessary for self-defense, the protection of the student or other persons, the safeguarding of the public school property or the preservation of order.”

School offi cials, if needed, are allowed to use force against a student in serious cases and are protected by the Parent-Student Handbook. They are also allowed to defend themselves, for example, if a student uses force against a teacher, the teacher is allowed to use force against the student.

Superintendent, Frank Harwood, “delegates the responsibility for maintaining discipline in the schools and the administration of the appropriate corrective measures to the building administration within the guidelines of Board Policy, Administrative Regulation, and the Laws and Constitution of the State of Nebraska and the United States.”

Recent videos of police brutality and violence have gone viral, and there have been some concerns in high schools involving students and School Resource Offi cers. Many high school students are unaware of their rights in a school setting, and or what an SRO is allowed to do. An SRO is a qualifi ed police offi cer and is allowed to wear and carry the same weapons on their vest.

No Child Left Behind Act of 2001 was set as a law.

President Obama signs the Every Student Succeeds Act, replacing the No Child Left Behind Act.

Look Closely. Demonstrating how he would search a student’s backpack is School Resource Offi cer Sean Vest. “If I was able to establish probable cause, it gives me permission to search their belongings or them,” Vest said. Photo by Destiny Soto

Student rights regarding search and seizure

Destiny Soto, Cailin TomsuBellevue EastNewspaper In DepthClass A