Cop takes 'midnight photos' of teacher's classroom

Times Argus ^ | David Delcore

[longtermmemmory]

I would win the case. You have to show criminal intent to go the the criminal act of tresspass. I don't know where you got your law degree but right now, the officer is not a defendant.

Vermont Tresspass statute:

§ 3705. Unlawful trespass

(a) A person shall be imprisoned for not more than three months or fined not more than $500.00, or both, if, without legal authority or the consent of the person in lawful possession, he enters or remains on any land or in any place as to which notice against trespass is given by:

(1) Actual communication by the person in lawful possession or his agent or by a law enforcement officer acting on behalf of such person or his agent; or

(2) Signs or placards so designed and situated as to give reasonable notice.

(b) Prosecutions for offenses under subsection (a) of this section shall be commenced within 60 days following the commission of the offense and not thereafter.

(c) A person who enters a building other than a residence, whose normal access is locked, or a residence in violation of an order of any court of competent jurisdiction in this state shall be imprisoned for not more than one year or fined not more than $500.00, or both.

(d) A person who enters a dwelling house, whether or not a person is actually present, knowing that he is not licensed or privileged to do so shall be imprisoned for not more than three years or fined not more than $2,000.00, or both. (Added 1969, No. 156 (Adj. Sess.); amended 1971, No. 229 (Adj. Sess.), § 1; 1973, No. 109, § 7; 1979, No. 153 (Adj. Sess.), § 2; 1981, No. 223 (Adj. Sess.), §§ 17, 23.)

The information we lack is the exact signage present (or lack thereof). The fact that the janitor let him in still negates the tresspass. (the janitor's authority or lack of authority is for the janitor and employer to work out.) The law states that the janitor as the person in lawful possession had to say the magic words of go away. The issue of "intimidation" is an issue for internal affairs IF it can be proven. Right now its a swearing contest in the court of the media not the law.

Seriously why is no one questioning the fact that there is no prosecution. If this is beyond 60 days ago there is no prsecution. There is an additional issue of whether he is charged under the states tresspass law or under a municipal tresspass law.

[f.Christian]

There is a sub-set of lunatic loons who appear to wish the end of American society as we know it. Like the Nazis and the communists in Weimar Germany, they have a great deal in common as ... potential destroyers --- of the social fabric.

I have engaged in several debates in the last few days, and I admire FreeRepublic as a forum for the free expression of ideas, but the overwhelming presence of this bunch of loons is very off-putting.

Lenin is supposed to have said that capitalists would sell him the rope by which they were to be hung. The “anarcho-loons” on this forum would not bother to sell the rope but provide it as a public service.

401 posted on 05/06/2003 5:54 PM PDT by moneyrunner (I have not flattered its rank breath, nor bowed to its idolatries a patient knee.)

[Samurai_Jack]

What if this had been some liberal cop going after a conservative teacher?

Essentially... if you are ashamed of your own speech to the point of hiding it behind locked doors and the first amendment then it deserves to be exposed. This Officer is in the business of protecting the public, he was merely carrying out his duty. If the Officer crosses the line and arrests this teacher, then I will come to the teachers defense to keep him out of jail.

I think that we read WAY too much into the 1st Amendment. There are no guarantees that your speech wont cost you your job, it's just a guarantee that the government wont put you in the slammer for opening your trap.

[YoungKentuckyConservative]

It saddens me that people are more focused on the rights of the cop. I guess the liberal establishment has won, once again. They've diverted our attention from the Marxist-Communist teacher and the propaganda he is brainwashing our children with, and has everyone bickering over what the copy did.

Why don't we start asking the teacher some questions and worry about the cop, later? After all, which of these two issues is more important to America?

Anyone who thinks "trespassing" is more haneous than "Communist Propaganda", really needs to re-evaluate what America and Freedom is all about.

[Samurai_Jack]

He was outside his juristiction, misrepresenting his authority by wearing a police uniform and a gun, pounding on a door and demanding entry.

He was gaining entrance to a PUBLIC FACILITY. This is not a Madrassa.

What are his duties outside his juristiction? What are the duties of a law enforcement official to get involved in a situation where no law has been broken?

He is protecting the public as he sees fit, as long as it is public property and the officer is not arresting anyone then he is (in my opinion) within his jurisdiction. He is performing a public service by exposing the infamous activities of this Public Official (school teacher) to the scrutiny of the Community in which he is performing his duty. Like a whistleblower. The problem is that the teacher has a Captive Audience, the parents are FORCED BY THE STATE to have their children indoctrinated in this communist filth. As long as the activity takes place within the walls of a PUBLIC FACILITY, it is liable to be exposed at any moment to the harsh light of public scrutiny, to be judged unceremoneously.

An example of his being OUTSIDE of his jurisdiction would be if this were a private residence or a private school. If this were the case then there would be a 4th Amendment issue. But given this is a public facility, a public school, he is well within his jurisdiction. If this teacher had enticed the children to a private facility for his activities then he would be protected under 1st Amendment, freedom of association, and 4th Amendment.

How come is it that only the liberals get the latitude to push the envelope of their jurisdictions into rediculous contortions??? Think about that the next time they send your kid home for having a fingernail clipper in their napsack.

The question I ask myself is... "Would I still be teaching this crap to these children if their parents were in the room?", even if their parents are Cornfed Biblethumping Chandelier Swinging Wrestlemania fans who make a living by lifting engine blocks in a junkyard with their bare hands. If the answer is no, then it doesnt belong in the classroom of the public school.

[wgeorge2001]

The policeman should be given a mild reprimand for what he did and should be congradulated by the towns people. The teacher should be tied to a rail and run out of town
along with (all public shool) teachers who no longer teach America's next generation of children history, reading, mathmatics and science (like conservative patriotic teachers once taught) before the liberal communist takeover of our public schools.
Joe McCarthy was correct and should be vindicated for the good he did in slowing down the communist take over of America. Parents better become aware ot the destructive doctrines of hateful liberalism before their children are destroyed.

[CobaltBlue]

>>Time enough to strip the walls.<<

Why would anybody want to strip the walls? The posters are not against the law.

[Samurai_Jack]

It saddens me that people are more focused on the rights of the cop.

PUBLIC PROPERTY is the key... the officer was focused on protecting the public, that's his job. We are not defending 'the rights of the cop' so much as we are defending 'the rights of the parents'. This officer was protecting the rights of the parents, again... thats his job.

As Ive said before, if this teacher was holding these indoctrination sessions on private property during his own time with the voluntary attendance of the student body then the officer would have been outside of his jurisdiction.

But since this teacher was holding these indoctrination sessions in a PUBLIC SCHOOL, during time he was being PAID BY THE COMMUNITY, with students who are FORCED BY THE STATE to comply with attendance. Then I would say this officer was well within his jurisdiction.

Anything that takes place within the walls of a PUBLIC SCHOOL should be open to the public and not hidden behind a locked door. When they arrest this stinking communist pig and throw him in the slammer with Bubbah and the Gang, then come talk to me and we will defend his 1st Amendment Rights. But I am not going to feel sorry for him if he loses his job for indoctrinating the students in communist ideology rather than teaching them History.

[dirtboy]

I think that we read WAY too much into the 1st Amendment.

Uh, this isn't a first amendment issue - this is about a on-duty cop going outside his juridiction and entering a building where he had no business going. As in the 4th Amendment. And the 4th was passed EXACTLY because folks like you are willing to overlook official misconduct to further your own political agenda - the first step out on a very nasty slippery slope.

[dirtboy]

the officer was focused on protecting the public, that's his job.

He was outside his jurisdiction, jack. Try to keep up with the facts here.

[dirtboy]

That is not what happened Dirtbag. Try dealing with facts.

I was running a hypothetical to grapeape regarding his statement that a cop can enter any public space any time he wants. Try keeping up with the debate and refraining from personal attacks.

[doubtfullyhopefull]

If there were bumper stickers about Jesus HE WOULD BE FIRED, suspendes or reprimanded and the bumper stickers would be removed.
But since "MOTHER GODDESS" has no Judeo-Christian morals, it is PC, and you can advertise, indoctrinate, and spew, that "religous" drivel with the "blessing" of the school!

[TankerKC]

Letters to the Editor from the Times Argus RE: The Cop & The Photos.

[NewsFlash]

"Anderson said she was concerned that Mott used his uniform to gain access to a locked classroom after hours without supervision."

Hmmmmmm.......Something like Treece using his "Teacher's cloak" to gain access to impressionable minds to force his pacifist agenda, unsupervised??

Yeah.....That's definately sneaky.

[Samurai_Jack]

He was outside his jurisdiction, jack. Try to keep up with the facts here

I see that you are running out of excuses here and just repeating allogations punctuated with attempts at personal insults... I see no reason to repeat myself for your sake.

[Samurai_Jack]

a 4th Amendment infraction would involve an assumption of private property. Are you advancing the argument that a Public School classroom is private property?

[dirtboy]

a 4th Amendment infraction would involve an assumption of private property.

Another novel legal concept. Try to search the files of the school district without a warrant and get back to me.

[dirtboy]

I see that you are running out of excuses here and just repeating allogations punctuated with attempts at personal insults... I see no reason to repeat myself for your sake.

How is it a personal attack to say you are not current with the facts - a cop protecting the public typically does it in his jurisdiction. You can't have it both ways - that he was doing his duty while attending to a private political agenda while on a meal break.

[Samurai_Jack]

Try to search the files of the school district without a warrant and get back to me.

Files of a school district are considered private property... personal files. Naturally they are protected. However the classroom where your children are forced to be educated with public funds is definitely open to public scrutiny.

The officer merely protected the public by exposing that which was improperly if not unlawfully hidden behind locked doors. As I said before, the teacher should not be afraid to have his lessons exposed to the scrutiny of the community which pays his salary.

[Samurai_Jack]

a cop protecting the public typically does it in his jurisdiction. You can't have it both ways

As I said before... I will repeat-myself-again one more time for your sake. This officer was within his jurisdiction since this is public property. And there is no violation of illegal search and seizure since it's public property and there is no 1st Amendment infraction since there was no arrest made.

no rocket science here... I'd love to see if this went to courts to see if they side with a teacher trying to protect his 4th and 1st Amendment rights in the classroom of a public school.