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Thursday
May142009

Can't Have it Both Ways School Resource Officers

I am growing more and more frustrated in how the courts are handling school resource officers. The courts seem to have no trouble concluding that school resource officers are more like school officials for purposes of getting under the reasonable suspicion standard of the 4th Amendment (searches and seizures). On the other hand, courts, such as this one in Florida, seem to have no problem still giving school resource officers all the protections traditionally afforded the police force. The Florida case even conceded the point that the resource officer was under the direction of school administrators, but still found a student guilty of the crime of battery of a law enforcement officer when he fought with the resource officer that stopped him in the hallway. How are students supposed to know how to treat these people? They discipline like principals, have the authority of school administrators, get the protections of school administrators, yet if you interact incorrectly with them, all the built-in protections we afford police in this country can come down on top of (and ruin) the student's life.

We absolutely need clarity from the courts on whether school resource officers are more like school employees or more like police. This having it both ways stuff (to the detriment of the students in all cases) has got to stop.

Reader Comments (1)

This article is somewhat confusing. Resource officers are placed in schools to protect and serve the schools with regard to students. They serve as an "officer of the law" while assisting administration. Does the author claim that the resource officers are afforded aministrative rights with regard to handing discipline? Are the officers assigning students to in-school suspension, are the suspending students, expelling students, having access to students records? These are questions that I would appreciated in the story rather than broad generalizations. I personally feel that resource officers are their to "enforce the law", assist adminstration and provide assistance when needed to any situation that requires knowledge of the law.

May 22, 2009 | Unregistered CommenterRobert Hamm

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