Table of Contents

The BUSTED AT SCHOOL – A Series of Five Books on What the Courts Say About Student Code of Conduct Violations

VOLUME #1 – BUSTED AT SCHOOL – STUDENT DRUG VIOLATIONS What The Courts Say Discussion Guide Containing 42 Actual Court Cases  For Educators, Students And Parents By Jim Cleary, Attorney/Author – Copyright 2012     

TABLE OF CONTENTS

Preface – Introduction – How To Use This Book

CHAPTER 1 – TIPS, INFORMANTS AND HOTLINE CALLS THAT STUDENTS ARE USING DRUGS

Introduction Case:  Smoking a Cigarette in the Bathroom Case – searching students at school for drugs

  1. Anonymous Telephone Tip About Drugs Case
  2. Student Saw Baggie Of Marijuana Case Justifies Back Pack Search
  3. Student Crime Watch Group Reported Teen Selling Pot Case
  4. Anonymous Hotline Tip Too Vague Case
  5. School Did Not Have To Identify Informant Where Pills Found In A Bic Pen Case
  6. Tip That Student Had “Pot In His Pocket” Was Reliable Case
  7. Two Students Informants Told Principal About Ecstasy Case
  8. Identities Of Two Student informants Not Disclosed In Expulsion For Drugs Hearing Case
  9. Police Informant Tip Used By School To Search For Ecstasy Pills Case

CHAPTER TWO – PERSONAL SEARCHES:  Pockets, Purses, Book Bags, Cell Phones and Strip Searches

Strip Searches – The Most Invasive

  1. Introduction Case: Strip Search of Girl For ibuprofen Pills Case

Superman Underwear Case Lift Shirt & Bra Case

 Personal Searches: Searching A Student’s Pocket, Purse or Book Bags

  1. Smelled Strong Odor Of Marijuana Case
  2. Returning To Campus at Mid-Day With 44 Pills Case
  3. Student Appears Under the Influence – Pills In The Backpack Case
  4. Tardiness To Class Justifies Backpack And Pocket Search Case
  5. No School Identification Card Justifies Pat Down Search Case

CHAPTER THREE:  Cell Phone Searches – Examining Contents of Student Cell Phones

  1. Introduction Case:  The Suburban Chicago School District Case
  • The Marijuana Laced Cookie Case and  The Large Marijuana Cigarette Case

CHAPTER FOUR:  LOCKER AND VEHICLE SEARCHES: Student Locker and Vehicle Searches

  1. Introduction Case:  Sold Pills To Another Student For $5 Case
  2. Annual Winter Locker Clean-Out Found Marijuana Case
  3. Student Tip – Selling Marijuana For $25 Case
  4. Tip That Student Was High OK To Search Locker But Found Brass Knuckles Case
  5. 80 Grams Of Marijuana In The Trunk Case
  6. Marijuana, Cash and Oxycontin Found In Student’s Car Case
  7. Overheard Student Talking About Big Baggies Case

CHAPTER FIVE:  DOG SEARCHES

  1. Dog Sniff Of Vehicle For Drugs Reveals A Handgun Case
  2. Classroom Dog Sniff Alerts To Marijuana In A Student’s Backpack Case
  • Dog Searches From Five High Schools Across The Country

CHAPTER SIX:  School Resource Officers and Police Searching Students for Drugs

  1. Teacher Concluded Student Was “Under The Influence” Of Something Case
  2. Flashing Large Sums Of Money Around Case
  3. Search Finds Inhaler With Marijuana In It Case
  4. Removal Of Student From Classroom By SRO Based On Tip Case

CHAPTER SEVEN:  Random Drug Testing

  1. Random Drug Testing Of Student Athletes Case
  2. Random Drug Testing Of Students Involved In Extra-Curricular Activities Case

CHAPTER EIGHT:  Students Suspended or Expelled For Drugs

  1. Search For Guns And Knives Finds Cocaine Case
  2. Teacher Smelled Marijuana Coming From Restroom Case
  3. A Suspension For Fighting Does Not Justify Drug Testing Case
  4. Banner Promoting Drug Use Confiscated At School Sponsored Event Case
  5. Smoking Marijuana On A School Trip To A Bowling Alley Case

CHAPTER NINE:  School Policies and Procedures – Searching Students for Drugs

  1. Teacher Smelled Marijuana On Another Student Case
  2. Purse Search After Fight Discovered Marijuana Case
  3. Teacher Could Not Remember Names Of Student Informants Case
  4. Principal Saw Boy Fiddling With Pockets And Another Boy With Money In His Hand Case
  5. Search For Tagging Marker Finds Cocaine In Wallet Case

There’s Been A Lot Of Drug Talk Around Case.

How TO USE THIS BOOK – it contains 42 actual court cases for students, school officials plus parents and students to read and discuss with each other.   It is customized for each group of readers.  After each of the 42 cases there is a section for students, parents and school officials containing material for that group focused on the case they just read.  This approach makes it easy to learn from the case they just read.  Here is what each group will learn from the cases.

  • CHOICES HAVE LEGAL CONSEQUENCES:  Students learn that the choice the student in the case made to get involved with drugs had a legal consequence.
  •  POLICIES AND PROCEDURES:  Educators will learn what the courts say about school policies and procedures on handling drug violations in these cases.  They will learn to investigate the facts and make decisions based on those facts.  They will see what the courts say about making decisions to 1) suspend/expel the student from school for a code of conduct violation or 2) refer the drug violation case to juvenile court for prosecution.   By reading and discussing these cases with each other school officials will benefit.  First, they will see how schools in the cases dealt with drug situations. Secondly, they will learn to more effectively investigate the facts and make decisions based on these facts to suspend, expel or prosecute students in their own drug cases.
  •  PARENTING DISCUSSION TOPICS: Parents know the best way to help kids avoid drugs is to discuss the topic with them.  They can use the 42 cases in this book as parenting discussion topics resource on the legal aspects of kids getting involved with drugs at school.

A Customized Learning Approach:  For Students, Parents and School Officials

LEARN BY DISCUSSION APPROACH.   Readers are encouraged to discuss the cases with each other: students with students, school officials with school officials and parents with their children.  To make this discussion easy, after each of the 42 cases there are sections for students, parents and school officials.  The customized approach is to first read the case then focus on the section following the case for your group.  Students will read the section called STUDENTS; HOW DOES THIS CASE AFFECT YOU?  Students can then discuss with other students, both in person and in social media formats, the topics about the case they just read.     In the PARENTS AND STUDENTS section there are discussion topics based on the case so parents and students can discuss the case with each other.  For school officials there are two sections after each case, both focusing on school policies and procedures used by the school in the case they just read.  One section contains TAKE AWAY TIPS from the case and the other section is the LEGAL BOTTOM LINE information from the case.  This customized approach works for all three groups of targeted readers.