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To: BookmanTheJanitor

I disagree with many posters on this thread who claim this is long-settled law. School is mandatory and students have been arrested for truancy. That fact is not consistent with a decision that claims stidents “are not in custody”. Either you have to be in school (which brings back a constitutional duty to protect) or you don’t (which vacates all truancy charges).


60 posted on 12/19/2018 10:53:12 AM PST by coloradan (The US has become a banana republic, except without the bananas - or the republic.)
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To: coloradan
I disagree with many posters on this thread who claim this is long-settled law.

It's long-settled law. Police departments exist to investigate crimes, apprehend suspects, and assist the prosecutors, not to protect individual citizens from a crime in progress.

Which, as several posters have pointed out, is why we need the 2nd A.

School is mandatory and students have been arrested for truancy.

We're talking about a high school, aren't we? Not mandatory and there's no legal penalty for dropping out altogether.

67 posted on 12/19/2018 11:13:47 AM PST by Campion ((marine dad))
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To: coloradan
I disagree with many posters on this thread who claim this is long-settled law. School is mandatory and students have been arrested for truancy. That fact is not consistent with a decision that claims stidents “are not in custody”. Either you have to be in school (which brings back a constitutional duty to protect) or you don’t (which vacates all truancy charges).

There is that.

You can also argue that the particular officer had a special duty to the school, as he was assigned to that school.

There will probably be an appeal.

106 posted on 12/19/2018 8:01:12 PM PST by marktwain (President Trump and his supporters are the Resistance. His opponents are the Reactionaries.)
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To: coloradan

Read the Supreme Court Decisions on it.


109 posted on 12/19/2018 8:23:26 PM PST by sport
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