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Courts okay arresting a 13 year old for belching during gym class

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  • Courts okay arresting a 13 year old for belching during gym class

    You read that correctly.

    A seventh grader at Cleveland Middle school in Albuquerque, New Mexico "burped audibly" resulting in his teacher calling the school resource officer, who in turn called the police to have him arrested for "interfering with public education." The kid was handcuffed and taken to the detention facility.

    Apparently he is some sort of class clown and kept faking belches even after being sent out into the hall but instead of being taken to the principal's office and given detention the school officials decided to have him prosecuted under a New Mexico law that makes disrupting school activities a misdemeanor.

    The federal 10th circuit court of appeals in a 2-1 decision, ruled that the arrest was justified and the officer and educators are immune to any lawsuit Here is the court's 94 page decision: http://www.ca10.uscourts.gov/opinions/14/14-2066.pdf

    The dissenting judge wrote a 4 page dissent stating that trivial interference doesn't count as a crime, and that there must be "a more substantial, more physical invasion" of school operations as well as proof that the student more "substantially interfered" with the "actual functioning" of the school.

    I'm always still in trouble again

    "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
    "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
    "Of course, human life begins at fertilization that’s not the argument." --Tassman

  • #2
    A belch seems like the most appropriate reaction to this decision.
    "I am not angered that the Moral Majority boys campaign against abortion. I am angry when the same men who say, "Save OUR children" bellow "Build more and bigger bombers." That's right! Blast the children in other nations into eternity, or limbless misery as they lay crippled from "OUR" bombers! This does not jell." - Leonard Ravenhill

    Comment


    • #3
      Originally posted by KingsGambit View Post
      A belch seems like the most appropriate reaction to this decision.
      Wrong end.

      I'm always still in trouble again

      "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
      "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
      "Of course, human life begins at fertilization that’s not the argument." --Tassman

      Comment


      • #4
        Originally posted by rogue06 View Post
        Wrong end.
        But if he farted, it would probably be a felony, not a misdemeanor.

        (Reminds me of a joke about two belches, and one of them said to the other... (stop me if you heard this ))
        The first to state his case seems right until another comes and cross-examines him.

        Comment


        • #5
          Originally posted by Cow Poke View Post
          But if he farted, it would probably be a felony, not a misdemeanor.
          Especially if he had just eaten at Taco Bell

          I'm always still in trouble again

          "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
          "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
          "Of course, human life begins at fertilization that’s not the argument." --Tassman

          Comment


          • #6
            Meanwhile, what a truly sad commentary on our society that we have to have "school resource officers" (police with guns) in our schools in the first place.

            Mrs Ludlow didn't need no stinkin resource officer - she could arrest your little butt with a steely cold stare! And DARE you to tell your parents!
            The first to state his case seems right until another comes and cross-examines him.

            Comment


            • #7
              Originally posted by Cow Poke View Post
              Meanwhile, what a truly sad commentary on our society that we have to have "school resource officers" (police with guns) in our schools in the first place.

              Mrs Ludlow didn't need no stinkin resource officer - she could arrest your little butt with a steely cold stare! And DARE you to tell your parents!
              More like you prayed that she didn't tell your parents.

              I'm always still in trouble again

              "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
              "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
              "Of course, human life begins at fertilization that’s not the argument." --Tassman

              Comment


              • #8
                Originally posted by rogue06 View Post
                More like you prayed that she didn't tell your parents.
                I'll never forget the panic that went through my little body when she looked over the top of her glasses and uttered those chilling words -- "Mr CP - I KNOW Earl and Ruth!" (my parents )
                The first to state his case seems right until another comes and cross-examines him.

                Comment


                • #9
                  Originally posted by Cow Poke View Post
                  I'll never forget the panic that went through my little body when she looked over the top of her glasses and uttered those chilling words -- "Mr CP - I KNOW Earl and Ruth!" (my parents )
                  Or the horrifying experience of seeing your teacher coming the other direction down the grocery aisle when you were with your mom.

                  I'm always still in trouble again

                  "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
                  "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
                  "Of course, human life begins at fertilization that’s not the argument." --Tassman

                  Comment


                  • #10
                    Originally posted by rogue06 View Post
                    Or the horrifying experience of seeing your teacher coming the other direction down the grocery aisle when you were with your mom.
                    Or WORSE..... (scary music)... coming up the sidewalk to your front door!
                    The first to state his case seems right until another comes and cross-examines him.

                    Comment


                    • #11
                      Originally posted by Cow Poke View Post
                      Or WORSE..... (scary music)... coming up the sidewalk to your front door!
                      And now you know why I put those landmines there. Too bad I didn't have the biometric scanner up and running before the mailman got there.

                      I'm always still in trouble again

                      "You're by far the worst poster on TWeb" and "TWeb's biggest liar" --starlight (the guy who says Stalin was a right-winger)
                      "Overall I would rate the withdrawal from Afghanistan as by far the best thing Biden's done" --Starlight
                      "Of course, human life begins at fertilization that’s not the argument." --Tassman

                      Comment


                      • #12
                        All joking aside, and I really do hope this report is mistaken, this seems like a dereliction of duty (the duty of adults to children). Not to mention a misuse of the law that was probably intended for adults disrupting the school. And if this is an accurate description of the intention of the law, I think its a misuse of police resources and voters should act to rid themselves of it, the police need to be going after those who are a threat to the community, not kids belching in class.

                        The fact of the matter is that children and youth do not have the same cognitive and social resources that adults have and as such cannot recognize or appreciate consequences to the same degree we can. This is why children aren't held to the same level of accountability as adults. A child acting out in class, lets say swearing and screaming abuse, should not be treated the same way as an adult (to say nothing of just simple childish immaturity like belching). Instead, that kid should have been given detention, or put in time out, or had certain school privileges taken away (instead of going out at recess perhaps staying inside and writing lines).

                        If this is the new way of dealing with children misbehaving, should parents now get in on it? Suppose one's eight year old, angry that he can't watch TV right now, takes his spaghetti dinner, says it tastes terrible and he hates them all, and dumps it on the floor. Should the police be called for vandalism?

                        I also don't see how this is feasible when you consider that, while this kid was probably just immature and acting out, what about kids that have developmental disabilities. You know, those either in special education classes or integrated into regular classes. Is the kid with ADHD going to be arrested for disruption because he keeps getting out of his desk when told to sit down. What about the kid with turret syndrome? Or with autism?

                        These kids don't need the police. These kids need reasonable authority figures who can fairly discipline them.
                        Last edited by Paula; 08-07-2016, 12:04 PM.

                        Comment


                        • #13
                          Originally posted by Paula View Post
                          All joking aside, and I really do hope this report is mistaken, this seems like a dereliction of duty (the duty of adults to children) not to mention a misuse of the law that was probably intended for adults disrupting the school. The fact of the matter is that children and youth do not have the same cognitive and social resources that adults have and as such cannot recognize or appreciate consequences to the same degree we can. This is why children aren't held to the same level of accountability as adults. A child acting out in class, lets say swearing and screaming abuse, should not be treated the same way as an adult (to say nothing of just simple childish immaturity like belching). Instead, that kid should have been given detention, or put in time out, or had certain school privileges taken away (instead of going out at recess perhaps staying inside and writing lines).

                          If this is the new way of dealing with children misbehaving, should parents now get in on it? Suppose one's eight year old, angry that he can't watch TV right now, takes his spaghetti dinner, says it tastes terrible and he hates them all, and dumps it on the floor. Should the police be called for vandalism?

                          I also don't see how this is feasible when you consider that, while this kid was probably just immature and acting out, what about kids that have developmental disabilities. You know, those either in special education classes or integrated into regular classes. Is the kid with ADHD going to be arrested for disruption because he keeps getting out of his desk when told to sit down. What about the kid with turret syndrome? Or with autism?

                          These kids don't need the police. These kids need reasonable authority figures who can fairly discipline them.
                          Well, did you read the entire 94-page court decision for full context?

                          Note that I haven't either, but before I start to decry a decision as being right or wrong, it would make sense to try to get more information about the decision than what one newspaper article happened to report.

                          Comment


                          • #14
                            Originally posted by Terraceth View Post
                            Well, did you read the entire 94-page court decision for full context?

                            Note that I haven't either, but before I start to decry a decision as being right or wrong, it would make sense to try to get more information about the decision than what one newspaper article happened to report.
                            I was responding to the situation as presented in the original post. And I agree, perhaps the context does make the situation make more sense. To repeat, I do hope this report is mistaken. Perhaps it wasn't simply a kid belching in class but he punched or slapped someone or did something worthy of arrest. But if it was the case of a kid just being an immature child making belching noises because he thought it was funny, and not stopping when told because he has no emotional or behavioral control, I think it is a misuse of police resources and dereliction of the duty of adults to children. The police shouldn't be called in for simple childishness and immaturity. But yeah, I didn't read the report so I do concede that there might be extenuating circumstances and that the newspaper mistakenly misreported it. I really hope this is the case.
                            Last edited by Paula; 08-07-2016, 12:15 PM.

                            Comment


                            • #15
                              Originally posted by rogue06 View Post
                              You read that correctly.

                              A seventh grader at Cleveland Middle school in Albuquerque, New Mexico "burped audibly" resulting in his teacher calling the school resource officer, who in turn called the police to have him arrested for "interfering with public education." The kid was handcuffed and taken to the detention facility.

                              Apparently he is some sort of class clown and kept faking belches even after being sent out into the hall but instead of being taken to the principal's office and given detention the school officials decided to have him prosecuted under a New Mexico law that makes disrupting school activities a misdemeanor.

                              The federal 10th circuit court of appeals in a 2-1 decision, ruled that the arrest was justified and the officer and educators are immune to any lawsuit Here is the court's 94 page decision: http://www.ca10.uscourts.gov/opinions/14/14-2066.pdf

                              The dissenting judge wrote a 4 page dissent stating that trivial interference doesn't count as a crime, and that there must be "a more substantial, more physical invasion" of school operations as well as proof that the student more "substantially interfered" with the "actual functioning" of the school.
                              Why weren't the school officials that disrupted classes having a kid arrested prosecuted?
                              "He is no fool who gives what he cannot keep to gain that which he cannot lose." - Jim Elliot

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