The System's Idea of Protection

[Cyborg]

I'm so glad i live in norway ;D

Here, the teachers wouldn't dare to do anything like this.

[Gobalopper]

Ex you said you had 32 tardies. Was anything done about that yet, ie punishment given out?

[Inoculator9]

I think that notes means passing notes to your friends or people sitting around you. Just random comments usually.

[exatreide]

Well were thinking of sueing them now.....yet we dont have the money to....

how about some donations to the *SAVE EX FROM EVIL PRINCIPLES* fund.

any one up for it?

ark1Laughs: did they have probable cause to read your journal?

exatreide: The principle did.

exatreide: to check

exatreide: to see if there is a hit list

Dark1Laughs: but who read it first?

exatreide: My LA Teacher

Dark1Laughs: why did she read it?

exatreide: Cause she let kids for 5 periods go through my stuff

Dark1Laughs: ummm why?

exatreide: i dont know

exatreide: she just stood back and let them read my stuff

exatreide: and when they seen a list of names. someone joked that it was a hit list

exatreide: and she ran over there and grabbed it

Dark1Laughs: That would be an illegal invasion of privacy

exatreide: and when i asked her about it

exatreide: later in the day

exatreide: she said

exatreide: "anything that comes in my room i have the right to look at."

exatreide: oh so if she comes in my house i can look in her purse and read her check book?

Dark1Laughs: man, that's such bs

exatreide: Goshen (IN, USA) Middle School Handbook

Dark1Laughs: man, that sucks

Dark1Laughs: but they are missing the evidence of probable cause

Dark1Laughs: 1. A written or an oral statement of the charges against the student.

2. If the student denies the charges, a summary of the evidence against the student.

3. An opportunity for the student to explain the student's conduct.

exatreide: mind if i copy this conversation to the thread?

Dark1Laughs: no, go ahead

xatreide: i never had the chance to say anything about it

exatreide: i was in isolation by the time someoone said "its a hit list"

Dark1Laughs: you will have a chance to explain

exatreide: so i couldnt have said anything.

exatreide: and when i came out of isolation

exatreide: the principle said

exatreide: "Whats this about you having a hit list."

exatreide: i said "What?"

exatreide: "I have heard it from several people that you have a hit list."

exatreide: I dont have a hit list. who said that?"

exatreide: "Go back in isolation. "

exatreide: so i went back in there

exatreide: did about 45 push ups

exatreide: then she called me back out

exatreide: reading my journal in her hand

exatreide: the petition page was out

exatreide: Whats this?" she asked

Dark1Laughs: what does that page look like?

exatreide: A petion. becouse senet was trying to make it iliagle for kids to get m rated games."

exatreide: well it had names going down about half the page

exatreide: on the top

Dark1Laughs: anything else?

exatreide: it said. "Join UGAC and help fight the evil washington people

exatreide: about a paragprage explaining what UGAC was ect.

exatreide: and it went down the right side of the page with why we are here bla bla bla that sort of thing

exatreide: but it had peoples signitures

exatreide: i didnt right there names

exatreide: it was there signitures.

Dark1Laughs: umm and how can that be a hitlist?

exatreide: well either that or on the page before that

exatreide: i had a little club thingy

exatreide: i called the cult of ex

exatreide: i said in a paragrah that it was just a club that was called a cult

Dark1Laughs: list of names?

exatreide: it had about 5 or 6 names on it.

exatreide: that i wrote

Dark1Laughs: k, that's it

Dark1Laughs: not the petition

exatreide: i think so to. but it said. "its just a club with a differnt name" in the paragraph above it

exatreide: hell my name was on it to

exatreide: why would i have my own name on a hitlist?

Dark1Laughs: heh

Dark1Laughs: they think you would commit suicide when you kill everyone or something prolly

exatreide: probly. my name was first on the list though lol

Dark1Laughs: lol

exatreide: it said. "JOIN THE CULT OF EX. FREE PANCAKES AND ALCHOHAL FOR ALL WHO JOIN."

Dark1Laughs: heh

exatreide: u ever seen those big black books they have at waldans books? that is what kind of book it was

exatreide: i hade some cut outs of PC Gammer and stuff

Dark1Laughs: yeah

exatreide: Startegic comamnd review. other stuff like that ect.

exatreide: she was scrolling through it

exatreide: saying

exatreide: "I have to make sure that nothing is inaproprite with you and your obsesion with violence."

exatreide: just becouse i had a few pics in there from halo and medel of houror

Dark1Laughs: dang

Yea. if you have 20 tardies u are put on the exesive tardy list. meaning that you leave class three minutes before the bell rings,get adrink use the bathroom,get ur stuff and go to ur next class before the bell rings.

if u have more than 20 denteions they give friday schools and detentions out...of which i have been in since mid december :P

[VigilVirus]

1.2. Search Defined.

A "search" entails conduct by a government official (including public school employees) that involves an intrusion into a person's protected privacy interests by, for example, examining items or places that are not out in the open and exposed to public view. This is usually accomplished by "peeking," "poking," or "prying" into a place or item shielded from public view or a closed opaque container, such as a locker, desk, purse/handbag, knapsack, backpack, briefcase, folder, book, or article of clothing.

The act of opening a locker or bookbag to inspect its contents - however brief and cursory the intrusion - constitutes a search under the Fourth Amendment. For purposes of this Manual, the tactile examination or manipulation of an object, sometimes referred to in a law enforcement context as a "frisk" or "patdown," would also be a search if conducted by school officials. (Note that such conduct by police, if undertaken to reveal a concealed weapon, technically is not considered to be a full-blown search, and thus is subject to a lesser standard of judicial review than full probable cause. Since the standard governing a so-called "Terry frisk" by police is essentially the same as the legal standard used to determine the reasonableness of a full-blown search conducted by school officials, for purposes of this Reference Guide, a frisk conducted by a school official, a form of "poking," is tantamount to a search.) The act of reading material in a book, journal, diary, letters, notes, or appointment calendar is also a search.

Note that an "inspection" is essentially the same as a search in terms of the Fourth Amendment if it involves peeking, poking, or prying into a private area or closed container. So too, ordering a student to empty his or her pockets or handbag constitutes a search. This is true even though the school official never physically touched the student or the student's property, because if the student complies with the school official's request or command, objects that are not out in the open or already in plain view will be exposed to the school official's scrutiny, thus achieving the ultimate objective of a search. See United States v. DiGiacomo, 579 F.2d 1211, 1215 (10th Cir. 1978) ("an examination of the contents of a person's pocket is clearly a search, whether the pocket is emptied by [a police] officer or by the person under the compulsion of the circumstances").

Merely watching students while they are in class or in school hallways does not intrude on any recognized privacy interest, and this form of surveillance does not constitute a search within the meaning of the Fourth Amendment. Similarly, the use of video cameras to monitor most places within a school building, such as hallways, does not constitute a search, provided that the monitoring equipment does not capture sound that might intercept or overhear a private conversation. (In that event, the monitoring would implicate the provisions of federal and state electronic surveillance statutes, which impose significant limitations on the ability of government officials and even private citizens to intercept private conversations.) So too, the act of looking through the transparent windows of a parked automobile - if done without opening the door or reaching into the vehicle to move or manipulate its contents - is not a search for the purposes of this Reference Guide

[nemafakei]

Suing? Ex, will a letter from your parents asking for an apology not do?

[VigilVirus]

Some more:

The United States Supreme Court in New Jersey v. T.L.O. ruled that the Fourth Amendment applies to students while on school grounds. This can lead to certain collateral consequences that public school teachers and school administrators should carefully consider before undertaking any search. Evidence of a crime revealed during an unlawful search, for example, may be subject to the "exclusionary rule," meaning that this evidence will not be admissible at trial in an adult or juvenile prosecution. A school official's unreasonable error in judgment, therefore, may unwittingly interfere with the orderly administration of the criminal and juvenile justice systems.

Furthermore, an illegal search may in certain circumstances subject school officials and their districts to a civil lawsuit for compensatory and possibly punitive damages. Because such litigation is invariably time-consuming and expensive, school officials will obviously want to know how to recognize and avoid situations where civil liability is likely to be imposed.

Finally, and most importantly, school officials must learn and respect the bounds of constitutional behavior if they are to remain faithful to their duties as teachers and role models. Our Constitution sets forth the basic tenets that limit the power of government in its dealings with private citizens. Public schools often provide young citizens with their first exposure to the practical workings of our democracy and the administration of justice. Schools thus emerge as a particularly appropriate forum in which to demonstrate to our children how our system of government is supposed to work

[exatreide]

Suing? Ex, will a letter from your parents asking for an apology not do?

Maybe in dreary old england nema....

but in the colonies we SUE SUE SUE SUE!

[Dante]

[quote author=ExAtreides

[DukeLeto]

Suing? Ex, will a letter from your parents asking for an apology not do?

No. In the US, the schools are run by The Great Principle of American Governement®: Money talks. ;)

[exatreide]

<|Removed|> is the teacher i spoke of....

Atend hut!

Right side Hut!

Commence Flamming!

no swaring please....and try to keep it rational....

[exatreide]

NEMA!

what was that for? :O

[nemafakei]

Ex, putting the techer's email there is a bad idea. (Nema's idea of protection)

Let us instead send one email, between the lot of us. Something we can all agree on.

[DukeLeto]

Uh...maybe things are different in England, but one e-mail will have no effect, because to it's to easy to just delete and say "oops." But a hundred? That's a little harder to ignore.

[exatreide]

Ok...Well how about you each wright one. and we send them off in one big box?

[Inoculator9]

In response to nema's opinion that a letter will due. I think that there certainly are grounds for a lawsuit, for inconvenience, invasion of privacy, and minor abuse if you what to push it, lol.

[VigilVirus]

How about each person writes 20 and sends them off 20 different email addresses ;D ?

[Dante]

Wouldn't it be easier just to send one letter but put LOTS of names on it? Add mine if you like, although I'm not sure what a teacher would do when confronted with "Dust Scout" as a name...

[VigilVirus]

She would just think it's another hitlist, Scout :D

[Inoculator9]

Maybe IM ex our real names if you want to be listed.

[VigilVirus]

I don't suggest using real names. Make up some that sound good and put them on.

[Dante]

I don't suggest using real names. Make up some that sound good and put them on.

Probably best idea. And although this may be being generous, I think maybe the teacher would be smart enough to realise that if it's given to her then it's not a hitlist. Maybe. Of course this all depends on her having some small part of her that's human...

[Inoculator9]

John Doe, John Doe II, John Doe III, John Smith, Johann Sebastian Bach, Ludwig van Beethoven, and Mao Tse Tsung agree with me Mrs. Principal lady.

I think real names would be better, IMO.

[VigilVirus]

Ummm, how about:

John Smith, Albert Jones, Jessica Andrews?

SIMPLE names

[Dante]

John Doe, John Doe II, John Doe III, John Smith, Johann Sebastian Bach, Ludwig van Beethoven, and Mao Tse Tsung agree with me Mrs. Principal lady.

I think real names would be better, IMO.

John Smith, Lisa Brown, Alex Wilson. There must be enough of them out there for nobody to tell if they're made up or not. Everyone take a fake name, I'll have Colonel Mustard. :)