Sunday, October 31, 2010
Probable Cause
A few days ago I had to search a child's book bag. I received a complaint from a 5th grade girl that she had been threatened by another 5th grade girl who had also been hiiting her and told her that if she told she would beat her up and kill her with her pocket knife. I summoned the two girls to my office and took their statements. I then talked to the girls separetely and then together. For the sake of clarity I will call the accuser, child 1, and the one being accused child 2. Child 1 repeated her story saying that child 2 had actually hit her in the back several times and then threatned her if she told. Child 2 said she was just playing when she kept pushing child 1. She also stated that she di in fact threaten the other girl but agains said she was only playing. She said she threatend to beat her up and kill, but never used the word pocket knife. I asked her did she have a cpocket knife. She said no. I went to her classroom and got her bookbag and took her outside the class, but also called the teacher to be a witness. I had her dump the contents of her book bag and empty her pockets. There was no pocket knife. I asked the girl, why did she say these things and agains she stated she was just playing. I knew this was untrue. My hwole point for this blog is to talk about probable cause, which is the reason I conducted the search. Because child one had actually made a threat to child 2 and there was mention of a pocketknife, I had probable cause. It became my duty to ensure the safety of child 2, as well as the safety of the enitre school. Even thought no weapaon was found, I still had to make sure thare was no weapon on the premises. I learned a alot that day, but it was my principal who helped me to see things clearly, when I later informed her about the incident. She said I had done a good job but she asked me what led me to conduct the search. I had been given probable cause and had to ensure the safety of all. In the end student 2, apologized to student 1, who said she felt threatend and the fear of retaliation. I assured her that this would eb the end of things because student 2 did not realized the seriousness of what she had done. The principal later talked with both girls. I neve knew 5th grade girls were becoming so agressive and violent. It was a mentoring moment for me.
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