He has effectively been "othered".
I'm curious why he is interviewed by campus police after the principal spoke to him. Considering the climate and location it would be reasonable and prudent for administration to talk to him. My gut tells me there may not be effective communication between administration and campus security. The school police certainly appear to have handled this very poorly.
By the time the resource officers were talking to the student, the administration should have already contacted his parents.
This isn't my best area of law, and it's a complicated field. My general sense is that 1) his parents absolutely should have been called, and we should all be teaching our kids to insist that their parents be called when they are in trouble, especially if law enforcement gets involved; 2) that the initial questioning was probably okay, but as soon as they determined he wasn't a threat, they should have turned him loose (improper detention, even if the activity had occurred on school grounds); and 3) again, that the initial questioning was probably okay, but continuing to harass him for things he did outside of school is likely going too far, particularly after acknowledging they didn't see him as a threat.
You jumped straight off the deep end to communists, which I am not sure how to respond to your post. I am pretty sure that we said about the same thing in the first have of your post about students reporting the facebook post to the administration. I am also pretty sure that we both said the same thing about the admin/police handing the situation poorly. I am not sure how you jumped from a kid in school to and overthrow of our government. I am pretty sure that you are stating that the entire education is a danger to the nation, and educators are all pro socialist and communist.Pokinfun,
Maybe the students did the right thing since, by definition, they lack the authority and balanced judgement to determine what is/isn't a threat, but a simple review of the post should have shown the resource officer/administrators that there was no threat communicated - so, in essence, this young man was questioned, and it sounds like he was berated, for exercising a Constitutionally recognized and guaranteed right in a non-threatening manner. These same folks would probably object to those students (and teachers) who call themselves socialists/communists being called in for questioning even though they are fundamentally committed to dismantling the entire US system of governance and using force to seize property and wealth - which sounds a heck of a lot more threatening to me.
Like it or not, SCOTUS has ruled that students, in a school, do not always qualify for many Rights.I think it's understandable that the Parkland staff would overreact considering what happened with Cruz. However, the correct response is to assert your 1st, 2nd 4th & 5th Amendment rights and not agree to being interrogated. If you have kids in school, you really need to have a discussion with them about social media posts and blowback at school. Teach them their rights and don't be afraid to sue the district to protect your family's constitutional rights. You can't assume the school and/or security/LE will safeguard the rights of your minor child, because they won't. All they care about is control and liability.
I don't think Parkland has a very cohesive set of policies and procedures in place regarding security. For one thing, the "leadership" at BCSO is virulently anti-gun. That trickles down into the ranks and that's probably just one of the reasons he was improperly interrogated. Keep in mind that it doesn't matter if the student was not being detained. It only matters if the student reasonably believed he was being detained.
But the 5th Amendment is inviolate, school or not. If you're being questioned about your actions by a duly sworn LEO, you must meet certain minimum requirements such as identifying yourself and providing ID if accessible, but after that you may remain silent. A HS student has no reasonable way of determining that they have violated no laws, therefore the reasonable and prudent response is to remain silent.Like it or not, SCOTUS has ruled that students, in a school, do not always qualify for many Rights.
http://scholarship.law.wm.edu/cgi/viewcontent.cgi?article=2092&context=wmlrBut the 5th Amendment is inviolate, school or not. If you're being questioned about your actions by a duly sworn LEO, you must meet certain minimum requirements such as identifying yourself and providing ID if accessible, but after that you may remain silent. A HS student has no reasonable way of determining that they have violated no laws, therefore the reasonable and prudent response is to remain silent.
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