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Justices toss delinquency ruling for resisting school resource officer

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A high school student’s action of trying to pull away from a school resource officer who tried to handcuff him is insufficient to support his adjudication as a delinquent, the Indiana Supreme Court ruled Friday.

Justices reached that unanimous conclusion in K.W. v. State of Indiana, 49S02-1301-JV-20. The ruling affirms a Court of Appeals reversal of a Marion Superior juvenile court on different grounds. The COA held that there was insufficient evidence that the school resource officer was lawfully engaged in his duties.

The case arose from an Aug. 30, 2011, altercation at Ben Davis High School as K.W., then 15, and another student “faced off” with fists raised in a hallway. A teacher intervened and detained K.W. until the SRO, a sergeant with Indianapolis Metropolitan Police Department, arrived.

The officer attempted to handcuff K.W. when he turned to walk away, after which the officer used a “straight arm-bar takedown” to tackle and handcuff the teen. Justice Loretta Rush wrote that neither the officer’s testimony nor surveillance video of the incident establish forcible resistance.

Rush’s five-page unanimous ruling also invited the Legislature to further clarify the roles of school resource officers; current statutes apply only to their engagement in law enforcement duties.

“It would be within the Legislature’s prerogative to conclude that evolving threats to school security and discipline warrant expanding the resisting law enforcement statute to apply to forcible resistance, obstruction, or interference ‘with a law enforcement, school liaison, or school resource officer, or a person assisting the officer, while the officer is lawfully engaged in the execution of the officer’s duties,’” Rush wrote.

“Not only is such a policy judgment about the changing role of school officers best reserved to a politically responsive branch of government, it would be less likely than common law to cause unintended Fourth Amendment consequences. The Legislature may wish to consider such a change,” the court advised.



 

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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

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