it wasn’t just accessible, they bought it as an early christmas gift for him. ( or so the reports say )
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Doncha just love the ones who toss out permutations of
He’d never [insert heinous act]! He’s mommy’s angel!
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That’s what happens when a regressive SCOTUS validates a profoundly idiotic concept like this. That decision pertains to LEOs, but there is clearly a “trickle down” effect that allows vigilantes and militia types to hide behind it. A certain recent high profile court case comes to mind.
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That poor dog.
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Last time I was in an airport, at the newsstand I counted at least 6 different gun and ammo magazines (including Guns & Ammo), some were different issues of the same magazine, but why so many? (Also, about that many different porn titles – who the hell (still) reads porn on an airplane?) I wasn’t expecting (nor did I find) Down Beat, but gracious, 6+ different gun magazines?
Presumably the demand is there, even in a gun-free place like an airport…
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I didn’t want to reply to anyone in particular, but the point has been raised that the school should have searched the backpack. I’ve cited a few articles and decisions on this topic. (since links are vorboten you will need to replace the dot with .)
I am not a lawyer just armed with a search engine and a general curiosity to want to understand things.
TL;DR:
Instead, a search will generally be OK if:
the school had a “reasonable suspicion” that the search would turn up evidence that the student broke the law or school rules, and
the extent of the search was related to its purpose and wasn’t “excessively intrusive,” considering the child’s age and gender, as well as the nature of the wrongdoing.
(New Jersey v. T.L.O., 469 U.S. 325 (1984).)
In this case I think it can be looked at both ways:
Not really case: In listening to the prosecutor read the timeline of events I believe it was pointed out that the parents asked their child if he had his gun. We do not know if that would be enough for probable cause as they only brought him in to discuss with the parents about his drawing and state of mind. I am not sure when he was caught searching for ammo or if the counselor knew about it or not. So again, no probable cause.
Yes they should have: I don’t think any school is not aware of the possibility of a shooter. I would think that they would err on the side of caution and search it just the same. If it wasn’t in there, the parents could have taken them to court if they felt the search was unreasonable. On the other hand, and in this case, if it was there, they could have prevented the shooting
edweek dot org/education/court-invalidates-backpack-search-by-school-resource-officer/2012/08
kidslegal dot org/school-searches-and-seizure
law dot justia dot com/cases/federal/district-courts/minnesota/mndce/0:2007cv02508/91745/189/
supreme dot justia dot com/cases/federal/us/469/325/ (New Jersey v. T.L.O., 469 U.S. 325 (1985))’
www dot leagle dot com/decision/inflco20131226110’
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There’s something wrong with the statement:
The parents are negligent because they didn’t check their son’s backpack for a gun.
The nation is negligent.
In all other modern nations, it is difficult for a schoolboy to own a hunting rifle, much less a handgun. And even for adults (Swiss, Israeli), there are very stringent requirements on such ownership. God bless America, because Americans damn America.
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And yet they’ve suspended kids from school for pointing their fingers and going bang?!?! WTF were these people waiting for?
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They’ve suspended kids from school for wearing Black Lives Matter shirts. Yes, this country is really that fucked up.
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Welcome to BoingBoing! You raise valid points.
If they had searched the backpack and found nothing, and taken no action against the kid, it’s unlikely they would have been sued.
If they had searched the backpack and found the gun, known it was probably an illegal search, they at the least could have sent the kid home, handed the gun to the parents and said, this can’t happen again, do you realize how close this was to your kid killing themselves and other, get a gun safe, and get this kid some counseling.
If they had searched, found the gun, called the cops, suspended the kid, then it’s likely they would have been sued. But there’s 4 kids who would be alive today who aren’t. Totally worth it.
Ultimately, we have to drastically reduce availability of firearms in this country. It’s the only way. I’m done listening to people who talk about rights or responsibility, or risk reduction. There is no justification for losing 40,000+ people a year for it. None.
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Trump voters.
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Any and all legal obligations always go right the fuck out the window when it’s kids of color who are suspected of being a threat. They did not search his backpack, because the kid was white and a boy. that’s it. That’s the only reason.
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and my understanding is ( no statistics right at hand* ) – that things like: metal detectors at schools, forcing kids to have clear plastic bags, regular locker searches ( or no lockers at all ), and the use of cops in schools tend to be used mainly at schools with high numbers of students of color
even though mostly white schools have more mass shootings, and ( no surprise i know ) the perpetrators are mostly white men and boys
[ * statistics exist. just too depressing to seek out, and ridiculous that things are even possible to determine. our country has proven one thing really well: we aren’t responsible enough to have the individualized and unrestricted right to bear arms. ]
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My god that ticks all the boxes.
“I’m a feminist, but…”
“I’m not racist, but…”
“I’m pro-choice, but…”
“Hillary sucks because she’s a ice queen”
“Fucking illegals taking our jobs”
“Fucking illegals’ children taking our education”
“Fucking Obamacare”
“I love my guns and thank you for not taking them away”
And it just doesn’t stop.
I mean I just knew these people would end up being Trump supports, but wow.
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And presumably armed?
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There should’ve been severe gun control done after 20 preschoolers and 6 young teachers were murdered. EFF THE NRA.
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You know, the way this whole thing played out, I doubt they had the brain power to look that far into the future.
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Cops and metal detectors at urban schools with lots of minority students stem from fears about gang violence and predate the school mass shooting trend kicked off by Columbine. The worry isn’t just guns either, there is also the fear someone might bring a knife and use it if a fight breaks out.
ETA: Just saw that the other day here in DC a high school x-ray machine reportedly found a ghost gun in a kid’s backpack.
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Looks like they couldn’t outrun the long arm of the law.
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