Student arrested for texting in class

**jmur5074** · 02-18-09, 05:10 PM

WAUWATOSA, Wis. (WCCO) ― Click to enlarge The student claimed she didn't have a cell phone on her person, but a phone was discovered in her pants after a female police officer frisked her. AP

A high school student in Wisconsin was arrested for disorderly conduct for refusing to stop texting in class, according to an incident report filed by the Wauwatosa Police Department.

The 14-year-old student was brought to the office and questioned by a student resource officer after her math teacher observed the student repeatedly texting despite demands that she stop.

The student claimed she didn't have a cell phone on her person, but a phone was discovered in her pants after a female police officer frisked her.

School authorities confiscated the phone and contacted the girl's mother. It was determined the phone belonged to the student's father.

The student was told she was not allowed on school property for a week and that she'd be charged with trespassing if she was found on school grounds.

Wis. Student Arrested For Texting In Class - wcco.com

**MacLean** · 02-18-09, 05:15 PM

Wait a second...

A police officer frisked a student for texting on a cell phone?

Oh holy shit.

**Five-0** · 02-18-09, 06:06 PM

My kid won't do his work.
This kid has a phone.
This kid was late for class.
That kid talked out of turn.
Ect, ect, ect.

QUICK!!! CALL THE COPS!!!!!

**Ryan** · 02-18-09, 06:21 PM

You guys are the cops but it sounds like, to me, that she didn't get arrested for sending text messages but rather for the refusal to obey what the teacher told her, breaking school rules, disrupting others in class, then lying about the whole thing. From other sites I read, it doesn't take much to arrest for disorderly so I don't see the big deal. The little brat didn't do what she was told, she thought she could get one over on everyone and that she was smarter then her elders, and probably had a shitty attitude about the whole thing to boot. Good for them for making an example of one of the saddeningly disrespectful youths of today.

**Caveman** · 02-18-09, 06:26 PM

Off the cuff this story may sound ridiculous, but it seems likely there's more to it.

Of course no news reporter would ever fail to report an entire story..

The student claimed she didn't have a cell phone on her person, but a phone was discovered in her pants after a female police officer frisked her. AP

A high school student in Wisconsin was arrested for disorderly conduct for refusing to stop texting in class, according to an incident report filed by the Wauwatosa Police Department.

The 14-year-old student was brought to the office and questioned by a student resource officer after her math teacher observed the student repeatedly texting despite demands that she stop.

[ scene missing? ]

The student claimed she didn't have a cell phone on her person, but a phone was discovered in her pants after a female police officer frisked her.

School authorities confiscated the phone and contacted the girl's mother. It was determined the phone belonged to the student's father.

The student was told she was not allowed on school property for a week and that she'd be charged with trespassing if she was found on school grounds.

**MacLean** · 02-18-09, 06:56 PM

Originally Posted by Ryan

You guys are the cops but it sounds like, to me, that she didn't get arrested for sending text messages but rather for the refusal to obey what the teacher told her, breaking school rules, disrupting others in class, then lying about the whole thing. From other sites I read, it doesn't take much to arrest for disorderly so I don't see the big deal. The little brat didn't do what she was told, she thought she could get one over on everyone and that she was smarter then her elders, and probably had a shitty attitude about the whole thing to boot. Good for them for making an example of one of the saddeningly disrespectful youths of today.

OK, you tell me where it becomes an arrestable offense for refusing to stop texting?

Is that a new code?

Good for them? Horseshit. This is another example of a police officer becoming the tool used for school discipline rather than an impartial enforcer of the laws.

PLEASE arrest me for refusing to stop texting, disobeying school rules, or lying. I need a new car and could stand to pay off my house.

The only feasible explanation for this is something we are not being told in the article, as Caveman pointed out above. Otherwise, this is another example of what I see in SRO's around here - police authority being misused as an exercise in public school relations.

**Terminator** · 02-18-09, 06:59 PM

Originally Posted by maclean

OK, you tell me where it becomes an arrestable offense for refusing to stop texting?

Is that a new code?

Good for them? Horseshit. This is another example of a police officer becoming the tool used for school discipline rather than an impartial enforcer of the laws.

PLEASE arrest me for refusing to stop texting, disobeying school rules, or lying. I need a new car and could stand to pay off my house.

The only feasible explanation for this is something we are not being told in the article, as Caveman pointed out above. Otherwise, this is another example of what I see in SRO's around here - police authority being misused as an exercise in public school relations.

AMEN!

**Retdetsgt** · 02-18-09, 07:02 PM

What's next? Assigning one police officer per class room to keep order? If that school resource officer worked for me, she'd be out of there in a heart beat. I hope she was just an idiot and that's not some sort of police policy there.

**Pudge** · 02-18-09, 07:46 PM

Originally Posted by Ryan

You guys are the cops but it sounds like, to me, that she didn't get arrested for sending text messages but rather for the refusal to obey what the teacher told her, breaking school rules, disrupting others in class, then lying about the whole thing. From other sites I read, it doesn't take much to arrest for disorderly so I don't see the big deal. The little brat didn't do what she was told, she thought she could get one over on everyone and that she was smarter then her elders, and probably had a shitty attitude about the whole thing to boot. Good for them for making an example of one of the saddeningly disrespectful youths of today.

Sorry Ryan, thats not a good call.

Its the school's job to make an example of her for not following school rules, not Law Enforcement's. There is no law for someone failing to disobey school rules. The closest thing in Ohio would be an Unruly Juvenile charge. If that were to occur here I'd likely take statements and refer to the Prosecutor if the issue were pushed by the school. The school would have to send someone to meet with the Prosecutor, and they would essentially file the charges. I will not arrest a kid for breaking school rules unless there is a threat of immediate physical harm.

Like others have said, this is the same old case of, "I don't have the balls to deal with it, call the cops".

**Ryan** · 02-18-09, 08:52 PM

Originally Posted by maclean

OK, you tell me where it becomes an arrestable offense for refusing to stop texting?

Is that a new code?

Good for them? Horseshit. This is another example of a police officer becoming the tool used for school discipline rather than an impartial enforcer of the laws.

PLEASE arrest me for refusing to stop texting, disobeying school rules, or lying. I need a new car and could stand to pay off my house.

The only feasible explanation for this is something we are not being told in the article, as Caveman pointed out above. Otherwise, this is another example of what I see in SRO's around here - police authority being misused as an exercise in public school relations.

Damn skippy "Good for them".

There is no part of your life where texting is not only disruptive but also not allowed. So your comparison of arresting you to this student is ridiculous. This student has to follow the rules and because she didn't she was disciplined. A student in public school is subject to a different set of rules and regulations than the outside world. School age children can be in public in a bathing suit, so by your argument that means they should be able to attend school in them as well. Just because it is not illegal does not mean a child in school can do it.

I agree with others that a cop is not supposed to enforce school rules and if this person simply texted when she wasn't allowed, this is a bullshit arrest. I highly doubt that is the case. For a cop to make an arrest, an arrestable offense must have occured. I am sure all here would agree that cops are not ones to do stupid things like arrest without cause. Could the school have handled it differently? Absolutely, but many times in life there are an array of choices that can be made in any situation and some are more accepted than others.

**Xiphos** · 02-18-09, 08:55 PM

Since when do we walk into a school and chuck the constitution to do whatever school administrators tell us to do?

It seems like every time one of these stories is in the news, some police officer (not a cop, there's a difference) walked on campus without a brain and did whatever some wonk administrator told them to do.

If I got any of these calls I'd tell them to call back when there's a crime and I'd walk away laughing at them.

**Ryan** · 02-18-09, 08:56 PM

Originally Posted by Pudge113

Sorry Ryan, thats not a good call.

Its the school's job to make an example of her for not following school rules, not Law Enforcement's. There is no law for someone failing to disobey school rules. The closest thing in Ohio would be an Unruly Juvenile charge. If that were to occur here I'd likely take statements and refer to the Prosecutor if the issue were pushed by the school. The school would have to send someone to meet with the Prosecutor, and they would essentially file the charges. I will not arrest a kid for breaking school rules unless there is a threat of immediate physical harm.

Like others have said, this is the same old case of, "I don't have the balls to deal with it, call the cops".

I see your point, but I did not mean earlier that they should arrest for refusal to obey school rules. As caveman pointed out, the kid did something during the disciplinary process that prompted the call to the popo. Kids these days have a severe sense of entitlement and I would bet that this kid thought she was above the rules and decided to do something stupid rather than just take her school-decided punishment.

**Ryan** · 02-18-09, 09:01 PM

Originally Posted by Xiphos

Since when do we walk into a school and chuck the constitution to do whatever school administrators tell us to do?

It seems like every time one of these stories is in the news, some police officer (not a cop, there's a difference) walked on campus without a brain and did whatever some wonk administrator told them to do.

If I got any of these calls I'd tell them to call back when there's a crime and I'd walk away laughing at them.

I guess I was wrong. I honestly thought, regardless of what the caller says, that the officer on scene made the determination independent of outside influence whether a crime occured and acted accordingly. In this situation, I am assuming that the officer had reason to believe the kid was doing something that qualified as Disorderly Conduct rather than that the officer arrested simply because they were told to.

**Retdetsgt** · 02-18-09, 10:01 PM

Originally Posted by Ryan

I guess I was wrong. I honestly thought, regardless of what the caller says, that the officer on scene made the determination independent of outside influence whether a crime occured and acted accordingly. In this situation, I am assuming that the officer had reason to believe the kid was doing something that qualified as Disorderly Conduct rather than that the officer arrested simply because they were told to.

The problem is that it will have to be proven that texting reaches the level of disorderly conduct. If this sets a precedence, then speaking out of turn in class could be charged as such. Usually disorderly conduct means that the person is engaged in activity to that causes alarm or distress to those present. I can't see texting being close to that.

I think the officer forgot what her position is and went along with an administrator.

**Pudge** · 02-18-09, 10:13 PM

Originally Posted by Ryan

I see your point, but I did not mean earlier that they should arrest for refusal to obey school rules. As caveman pointed out, the kid did something during the disciplinary process that prompted the call to the popo. Kids these days have a severe sense of entitlement and I would bet that this kid thought she was above the rules and decided to do something stupid rather than just take her school-decided punishment.

As retdetsgt said, there must be alarm or possible risk of harm to self or others for disorderly to apply.

I have been creative with the disorderly section, but this is an extreme. There is no amount of good report writing that could even begin to fit the elements of disorderly in a texting incident.

Other above said it best. Someone either forgot what their job as an officer was, or simply had their head up their ass. This is not good for them, or good for anyone for that matter. Its made the agency look stupid, and the school even worse for not being able to handle its own problems. Like Xiphos, I would have had a good laugh when told what the school wanted done. The call would have been cleared with a disposition of "advice and info given".

**jmur5074** · 02-19-09, 12:15 AM

Wisconsin disorderly conduct:
Section 947.01,:

Whoever, in a public or private place, engages in violent, abusive, indecent, profane, boisterous, unreasonably loud or otherwise disorderly conduct under circumstances in which the conduct tends to cause or provoke a disturbance is guilty of a Class B misdemeanor.I too, have used some creativity at times when charging someone with disorderly conduct. But a kid talking out of line, mouthing off to the teacher, speaking out of turn, or refusing to listen to the teacher do not constitute disorderly conduct.

When I worked as an SRO, the school admin constantly harped on me to "tell him to do this" or "tell her to do that"....and every time they got the same answer. "NO." Fill me in when they break a law.

One time an administrator was trying to get a kid to give up his cell phone, because it's against school rules to possess it during school hours. She waved me over because the kid was refusing to give it up. She TOLD me, to make him give it up. Two problems with that. One, you're not my boss, don't tell me to do anything. Two, it's not illegal to possess a cell phone in a school. So, I told her no, I'm not doing that. She keeps arguing with the kid, and a moment later she told him that if he didn't turn the phone over and stop causing a scene, she'd HAVE me arrest him for disorderly conduct. I again said "No...that's not going to happen" and I walked away.

I've also had administrators try filing disorderly conduct charges on a student for swearing loudly in class, and for rough housing and/or fighting in school. I can understand if two students were actually physically fighting, IF I witnessed it. But they were TELLING me to arrest them for an unwitnessed misdemeanor. Which, don't fly with me.

I'm glad I'm not doing that shit anymore.

**Rhino** · 02-19-09, 05:23 AM

Call me an old fart, but if we had texting in my day the teacher would have just chucked the phone out the window and kept right on with the lesson plan.

**mack** · 02-19-09, 06:32 AM

Originally Posted by Rhino

Call me an old fart, but if we had texting in my day the teacher would have just chucked the phone out the window and kept right on with the lesson plan.

I got to agree with you Rhino. I would say she should have had her parents called and be suspended for a week or so. I mean being arrested is a bit extreme. There comes a point where school administrators and parents have to accept responsibility and do some good old fashion discipline. I think SRO's are being used for the wrong reasons and it's time to back up a bit and realize that it is a public school not a detention center.

**IndianaFuzz** · 02-19-09, 08:46 AM

Originally Posted by Ryan

This student has to follow the rules and because she didn't she was disciplined.

Yes. And those rules are the school's rules. They are not state or federal laws. They are not city or county ordinances. It is the school's job to enforce it's rules, and to discipline the kids. It's the police's job to enforce the laws.

Disrespect is not disorderly conduct. The female cop didn't even know the kid was lying until she performed the illegal frisk. I don't think that searching for a cell phone falls under Terry........

The thing is now, the kid's family has a legitimate lawsuit they could file against the officer. I would say against the PD, but I'm guessing the dept. will say the officer acted outside of training by disregarding the law that she was taught.

As for disorderly conduct in general.....I try to avoid anything that has to be too creative to qualify unless there are other extraneous circumstances that are serious enough to be a little closer to the line. None of the circumstance described in the article come anywhere close to making me want to make a creative arrest.

All that being said, like Caveman said, there is probably more to this story than was included in the article. But judging on what the article says, it's a bad arrest.

**TXCharlie** · 02-19-09, 10:55 AM

I'm with Rhino, whatever happened to a teacher having the spine to take the thing away from the girl?

Normally I'm in favor of reporting REAL crimes in school to the police rather than letting school officials mis-handle it and sweep it under the rug, but this is too borderline.

On the other hand, if the kid created a disturbance, then I'm all for hooking her up - Disrupting a meeting here can buy you a Class B.