November 26th, 2013

Oregon School Officials Delete Footage From Students’ Cameras After Staff/Student Altercation 135

By Carlos Miller

Oregon school officials accused a student of a crime after a confrontation with a staff member, calling police who arrested him on disorderly conduct and harassment charges, before they went around and deleted video evidence of the alleged crime from students’ smart phones.

In other words, they are going to have a hard time convicting the student under the following statutory presumption in Oregon:

Screen Shot 2013-11-26 at 5.17.08 PM

But they may also be held liable for violating the Fourth Amendment rights of students.

However, like so many clueless public officials highlighted in the past on PINAC, Hillsboro School District officials claim a policy overrides the Constitution.

According to KATU:

Student Khloey Summers said kids are allowed to use their phones before class and didn’t think she was doing anything wrong when she shot video of the incident.

“She grabbed my phone and said I’m going to have to hold onto this for a while,” Summers said.

Summers said later that day, staff members collected all the phones from the kids who were in the gym and deleted any videos of the incident.

“When I opened the recent applications after I got my phone back all of my messaging and photos were open, which meant they were on it when they got my phone,” said Summers.

KATU reached out to the school district for comment. A spokeswoman said they are reviewing the matter and will have more information in the next few days. They also referred us to the Standards of Student Conduct handbook which allows staff to search and seize any property deemed “injurious or detrimental to the safety and welfare of the students and staff.”

The student in question allegedly became confrontational when asked to remove a cap. He has also been suspended. One student’s video survived the mass deletions. You can see part of it in the above video.

Here is contact information for R.A. Brown Middle School.

Last year, a similar incident took place in a Miami-Dade school when student journalist Joel Franco tried to record an altercation between a security guard and a student.

Barrera-Brown

Koreen Barreras-Brown, principal at R.A. Brown Middle School.

Screen Shot 2013-11-26 at 5.40.51 PM


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  • inquisitor

    Search and seizure has nothing to do with deletion of evidence.
    If this kid was accused of a crime and arrested, then when the video was seized there was an obligation on the part of the school not to destroy evidence which could contribute to the guilt or innocence of the accused.
    Footage should have been handed over to the police as part of the case.
    Sounds like someone at the school committed a crime concerning the destruction of evidence.
    The mother should file a police report, find out the persons involved with the deletion, and charges should ensue.

    • Carlos_Miller

      They have to seize the phones and search through them before they can delete the footage.

      • Ian Battles

        And wouldn’t that require a warrant or consent?

        Can a minor even give consent for a search or does the parent/guardian need to consent?

        • howard

          this is a very important and valid point, which i think everyone but you missed. does the law, and or school policy allow any touching of my child, or the taking of my childs property without the parents knowledge and/or consent? i would love to hear the judge that was ruling on that issue! the officials are so screwed on this one, about any angle anyone would take on it. they should for sure not be allowed to get away with this illegal crap. if it was my child, i would be in someones face, 100%!

          • partyharty

            I don’t believe this is right, but i think that the school would argue that they were acting in loco parentis (in place of the parents) at the time this occurred and that they had the ability to search the items because of this. As a parent you have the right to delete items from your kids (or to take them from your kids).

            Now I think this is a very weak argument but it is one that they could use with a sympathetic judge and possibly get around some of this.

            I don’t believe it is right legally, morally or ethically but that’s just my opinion.

          • whats_up

            Actually that is exactly what the Supreme Court has ruled numerous times. School administration does get to act loco parentis for almost all situations while the child is in school.

          • Robo

            That’s why you send a letter to the school denying them that right post enrollment.

          • whats_up

            Then you would not be able to send your child there. Its a tradeoff, you have to decide which you want to do.

      • Voice-Of-Concern

        Was there any monitoring of their Search activities? is there any reason to believe they limited their search only to matters that pertain to the incident, or did they engage in open-ended fishing expedition?

        Also, do NONE of these students know how to password protect their phones.. from other kids, if nothing else.

        • Flashing Scotsman

          According to the story, VOC, there WAS an open ended search of the phones, opening communication apps to see if anything had been sent out. No excuse, this is wrong.

        • Charles D Bingham

          Amen, for-crying-out-loud use a password that a monkey won’t guess and encrypt your drive/sd-card.

  • Ian Battles

    If the kid was arrested, all the footage became evidence.

    So, when will the school staff be charged with Evidence Tampering?

    That’s a felony, by the way.

    • Elliott Whitlow

      Actually it didn’t automatically become evidence, and the BEST the cops could do is subpoena them.

      That does raise some questions about tampering though, destruction of potential evidence by the state (school IS the state) certainly could be evidence tampering, it might actually rise to witness tampering as well.

      Don’t get me wrong, the school acted so far outside the law that they are screwed..

      • Ian Battles

        It’s kind of funny that the school, acting on behalf of the state, would actively destroy evidence the state would need to prosecute this case.

        Talk about shooting yourself in the foot.

        • Elliott Whitlow

          I think of it more as shooting yourself in the head.. Repeatedly..

          • MisterDamage

            Well, it _does_ take a certain amount of talent to _repeatedly_ shoot oneself in the head, so they’ve got that going for them.

      • Difdi

        The thing is, school officials are just as much members of a government agency as the police are. They have different duties, but they’re all non-elected members of government.

        In this situation we have agents of the government seizing property without a warrant, deleting photographic records and then returning the property.

        Citizenship is not left at the school yard gate

    • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

      It’s not a felony in Oregon.

      • Wesley Bishop

        Correct but tampering with a witness is a Class A Felony and I think they have done both in this case.

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          Correct but tampering with a witness is a Class A Felony

          Not in Oregon.

          “(2) Tampering with a witness is a Class C felony.” Or. Rev. Stat. Ann. § 162.285 (West)

          It also doesn’t meet the elements of the offense for tampering with a witness.

          “The person knowingly induces or attempts to induce a witness or a person the person believes may be called as a witness in any official proceeding to offer false testimony or unlawfully withhold any testimony….” Id.

          There was no allegation of school staff attempting to induce false testimony or to withhold testimony.

          • Wesley Bishop

            Ooops the A was a typo :) you are correct it’s a C.

  • http://DontScan.us Wimpie

    I’m sure a few of these kids know how to recover “deleted” videos!

    • OhSnapDJB

      Too bad these kids never heard of BAMBUSER. The video would have been uploaded automatically to the net and not “saved” on the phone………It’s a GREAT APP! Definitely gives the would be “authorities” a real head fake!

      • Ian Battles

        Man, I wish that kind of tech existed when I was in school…

  • rust

    So, I am looking forward to the leaps of logic that the school will take to justify their actions based on videos being “injurious or detrimental to the safety and welfare” of students and teachers.

    • asalways

      umm umm Oh!,I know. TERRORIST THREAT.

  • alicelillie

    This is why it is *so* important to have your vids and pics automatically sent to your e-mail box or somewhere at the time you take them!

  • physics2010

    What kid doesn’t lock their phone?

    • Ron

      I was thinking the same thing.

    • Elliott Whitlow

      I don’t know any..

    • nj

      They threatened them with suspension if they didn’t unlock their phone and provide their passcode

  • CEDUPZ

    Schools are just training kids to be jailed for anything later in their life, as this country rapidly DEVOLVES into a real shithole, OBEY or else. What isn’t illegal in this country anymore. The system is really corrupt. Your personal property is not yours, and some dunder head that claims authority over your being says so, so it must be. Using the intimidation effect of too many cops with too many guns.

    • howard

      the main point here i think, thank you CEDUPZ for bringing it here for all to see, this great nation, the USA, is creating criminals of us all! for one, anyone that has filled out a 1040 is a criminal! bet like 99% here did not know that, me and CEDUPZ does. one major problem with the USA is that it is full of SHEEPLE SLAVES. and this type of crap educates those students on how to be one!

      • Flashing Scotsman

        That’s what public school is there for these days, indoctrination. Look at common core.

  • hippocrates

    And yet these same “educators” will make these students recite The Pledge of Allegiance.

    • Ian Battles

      The irony in forcing a kid to recite the PoA is palpable.

      • Shawn

        No one is forced to recite the pledge.

      • Kerfuffulator

        I always spoke my own version anyway

        • Flashing Scotsman

          “I pledge no allegiance, to the flag, of the United States of Amerika, only to the republic, for which it stood, one nation,……..with neither liberty, nor justice, for all.”

          Yeah, that’s the way I recited it in the seventies. It’s gone downhill quite a bit since then.

  • Tijuana Joe

    “School spirit” means never saying “No, asswipe, you may not seize my property.”
    Go team, go.

  • Katman

    Bambuser….Bambuser…..Bambuser……Bambuser

  • NymRod

    “Hillsboro School District officials claim a policy overrides the Constitution.”

    It matters not who scribbles what,
    the Constitution is the supreme law of the land.

    • Ian Battles

      They won’t hate the constitution so much when they’re begging for a fair trial…

    • Flashing Scotsman

      The Constitution IS the supreme law of the land. It doesn’t get obeyed much these days though.

  • Mike Ross

    First, what spineless craven parents and/or students do we have these days? My kids would know NOT to hand over their phone in any such circumstances.

    Second, did *none* of these kids have PINs or passwords protecting their phones???

    • Katman

      Go easy on the kids, they are middle schoolers.

      • Flashing Scotsman

        All the middle schoolers I know have a better working knowledge of their phone’s capabilities than I do.

  • Elliott Whitlow

    Just got done emailing the principle, dumb ass move on her part..

    • rick

      Are you kidding? These students just learned a lesson of incredible value. Unfortunately, most adults don’t learn it until it’s too late. If anything Hillsboro School District should be receiving a hearty thank you for teaching the students that their rights are oh so easily disregarded unless they a.) know their rights, and b.) assert their rights.

      • Elliott Whitlow

        I don’t think the lesson is all that visible yet. It won’t be truly visible until the staff is punished and due to the actions of the staff the prosecution of the kid gets dropped. Once that happens I might agree.

      • Amity Roberts

        We don’t even know our own rights.. How the hell do you expect these kids to know them
        much less assert their rights?

        • Flashing Scotsman

          We need to learn our rights, and teach them to the kids. The schools obviously aren’t going to do it. They want to produce good little citizens that do what they’re told.

    • anonrp

      It is spelled Principal…

      • Elliott Whitlow

        Fair enough, not particularly relevant but true.

      • Wesley Bishop

        It was obviously a typo. But you obviously understood the point he was trying to get across which means so will everyone else no need to post corrections.

  • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

    Actually Carlos, you missed the most important point. The school administrators committed a criminal offense.

    “(1) A person commits the crime of tampering with physical evidence if, with intent that it be used, introduced, rejected or unavailable in an official proceeding which is then pending or to the knowledge of such person is about to be instituted, the person: (a) Destroys, mutilates, alters, conceals or removes physical evidence impairing its verity or availability….” Or. Rev. Stat. Ann. § 162.295 (West)

    It is a Class A Misdemeanor, punishable by up to a year in jail and a $6,250 fine.

    I wonder if the principal was aware that her staff committed a more serious offense than the kid committed?

    • Katman

      The likelihood of a prosecutor charging a school official for that…..ZERO

      • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

        It means that the likelihood of prosecuting the kid drops to zero.

        How do you think that the prosecutor is going to react to a defense attorney asking each one of his teacher/school staff witnesses if they destroyed video evidence of the incident? If the teachers are smart, they would take the Fifth, which means all of their testimony gets tossed.

        It’s a no-win for the prosecutor, so he doesn’t prosecute.

        • Voice-Of-Concern

          The parents will ALSO need to be vigilant & make sure to inspect the child’s official records, lest unsubstantiated assertions be entered into that record.

      • Mike Ross

        Who cares about the damn prosecutor? If that was my kid, and the prosecutors didn’t act, I would bring a *private* prosecution under the above statute.

        • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

          Cool. Oh, wait. That’s not authorized in Oregon.

          Thanks for playing.

          • Ron

            You cant? Why??

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Because it’s not authorized by statute or common law in that state. Or, for that matter, in most states. There are only one or two states that still allow private prosecutions.

          • Ian Battles

            So what does one do when a prosecutor refuses to prosecute a crime?

            It seems like that encourages vigilante justice.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            One does nothing. A prosecutor has complete discretion on what crimes he will or will not prosecute.

            Self-help or vigilante justice usually ends badly for the vigilante.

          • Flashing Scotsman

            My ex-wife bought a horse for three thousand dollars. Turns out that the horse was stolen. At least that’s what I call it when somebody leases a horse, never makes a payment, and sells it to someone else.

            When we found out, we tracked down the owner, and gave her back her horse. Then went after criminal prosecution. The D.A. said he didn’t see where any law had been broken. I guess when the government officials are corrupt, there’s no telling what kind of answers you’ll get.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Or it could be that no laws had been broken.

            There was a similar problem in Texas a number of years ago. If you turned your car over to a dealer to be sold, and they sold it, but kept the money, there was no crime. There were grounds for a civil suit, but no crime.

            After it broke on the news, the legislature fixed it by creating a new offense.

          • Flashing Scotsman

            The D.A. admitted to me on the phone that laws were broken, after I told him to substitute the word car for horse. But then said he wouldn’t do anything about it. So we had three thousand dollars stolen from us, and our only recourse was small claims court. That woman should have done jail time, and had a criminal conviction on her record.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            If everything is as you stated, try the local media. Sometimes they can bring pressure on politicians.

          • io-io

            Either a recall or just vote them out at the next election.

          • Mike Ross

            If a prosecutor – or any public official – refuse to do their job, isn’t that what mandamus is for?

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            No. It is within prosecutorial discretion to decide not to prosecute, and a court will not order otherwise. See Inmates of Attica Correctional Facility v. Rockefeller, 477 F.2d 375 (2d Cir. 1973).

          • Mike Ross

            I should have known better than to throw mandamus at a bloody law student! :-)

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            LOL, at least I didn’t go into the whole separation of powers argument.

    • io-io

      I am going to ask why was collecting then deleting the video from the smart phones was so important anyway. Watching the video segment, it appears that the staff member was actually throttling up the engagement, reaching out and grabbing the kid, with the kid pulling back rather than charging. Was the staff member assaulting and battering the kid over the stupid hat – was the hat really that important? So, was it a coverup?

      Did they have to coerce the kids into giving up their PINs / passwords for access to the smart phones? Under threat – does the coercion rise to extortion?

      164.075 Theft by extortion
      (1) A person commits theft by extortion when the person compels or induces
      another to deliver property to the person or to a third person by
      instilling in the other a fear that, if the property is not so
      delivered, the actor or a third person will in the future: …..

      (g) Testify or provide information or withhold testimony or information with respect to anothers legal claim or defense;

      (h) Use or abuse the position as a public servant by performing some act
      within or related to official duties, or by failing or refusing to
      perform an official duty, in such manner as to affect some person
      adversely; or

      (i) Inflict any other harm that would not benefit the actor.

      (2) Theft by extortion is a Class B felony. [1971 c.743 §127; 1987 c.158 §27; 2007 c.71 §48]

      It certainly appears to fit the circumstances of this. Without the video, the kid was just at the mercy of what ever the school claimed. With the video – he was being a jerk, but what about the actions of the school’s staff?

      • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

        It is not theft by extortion.

        • io-io

          Deleting the videos was not theft? Coercing the PINs/Passwords from the students in order to examine the smart phones. In a school having the school staff coercing is not extortion (fear) in eyes of the students. If collecting the phones was not legal, with the search and deletion not being legal, searching messages and everything else –

          (1) A person commits theft by extortion when the person compels or induces another to deliver property to the person or to a third person by
          instilling in the other a fear that, if the property is not so delivered, the actor or a third person will in the future:

          seems to me to be a reasonable fit…

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            What property was delivered, i.e., removed from the cell phone?

            It’s not theft by extortion.

          • io-io

            The video being deleted. Is not deletion a removal – loss of one’s intellectual property. Property is property – physical or digital, both of which can be owned.

            Is it your position that a video/image is not property? Does property always need to be tangible? Not talking about infringement – but loss of the actual item (regardless of form) – use, loss of access, loss of the unique master and only copy, the item itself being destroyed, with the intent of depriving the owner of its use, and indeed the ability to own/possess. The item existing in a digital form, not in a tangible/physical form, should not matter.

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Was the property destroyed or removed and delivered to someone?

            Destruction is not delivery. It is not theft by extortion.

          • Bob

            As soon as a phone left a student’s hand – theft by extortion.

          • James

            Prior restraint?

          • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

            Nope. This has been covered numerous times on this blog, but you can’t make stuff up to fit a convoluted definition of a crime that is not recognized by the courts.

            Thanks for playing.

    • Difdi

      I wonder how many phones were seized?

      Each phone they deleted things from would be a separate charge of that class A misdemeanor, and if the school staff were working together to tamper with evidence (rather than a half dozen people getting the same idea to break the law simultaneously and independently, which is a bit unlikely) then it’s a conspiracy to break the law and all participants in the conspiracy would be guilty of all the evidence tampering any one member carried out.

      Given how ubiquitous phones are these days, that could easily send half the school staff to prison for upwards of twenty years. But I kinda doubt any of them will even be arrested.

      • http://excoplawstudent.wordpress.com/ ExCop-LawStudent

        Multiple charges would be possible, although if the latest statements are correct, there are no charges if the students deleted the files.

        • Difdi

          It might not matter eve then. If an agent of government stands over you and demands you destroy your property/tamper with evidence ‘or else’, it’s still a crime.

          Just adds coercion to the list.

        • Nemo

          If I demand of you, under threat, that you torch your car, and you do so, has a crime been committed? Does it depend on the threat at hand? Does it come into play that the subjects may not be legally free to leave with their property intact?

          Y’know, I get that lawyers have to pass tests for straining at gnats and swallowing camels in order to pass the bar – but that makes me even more outraged when the agents of the law abuse it the way they do, and then lawyers (and cops) breeze by and proclaim “it’s all perfectly legal”.

          If those charged with upholding the law abuse others in a legal fashion,while staying within the law, the system suffers. Every time I see a story about a cop abusing someone while staying “legal”, I lose trust in the system – and every time i see someone saying “that abuse was perfectly legal – for them, not you”, doubly so. I doubt I’m alone on this point. (Side note, you said that 90% of people are “morons” or some such, presumably on points of law. I’d argue that a similar number would apply to the police, although ignorance of the law apparently is an excuse, for them.)

          In fact, given something regarding “no criticism clauses” I have seen elsewhere, I’m rather surprised that police and prosecutors haven’t adopted clauses that forbid the criticism of them by any who they interact with. The companies who’ve pulled that kind of BS often fall afoul of public opinion, but the protected class could make it stick – and have a legion ready to tell us that such was all “perfectly legal”.

  • Puce Buzzard

    Some rules rules and lessons.

    1. Password/PIN lock the phone.

    1½. Never under any circumstance give the pass-code for the phone to anyone who takes the phone.

    1¾. Encrypt the phone.

    2. Never delete anything even if threatened. Yes there may be (lots) of pain in the short term but you will always (almost) win in the end…

    2½. Use an automatic upload of video and pictures to a secure service.

  • Bob

    Wait, he was wearing a hat? Why is that even an issue? Who gives a fuck if a person is wearing a hat? I’m pretty sure people here in California cover their heads on a daily basis, for reasons ranging from temperature or style to religion or embarrassment about a bad hair day, indoors and out, and it is never an issue.* Is Oregon so different?

    * I lied. It can be an issue on roller coasters, even the 5 mph kiddie ones at the fair. Learned that the hard way.

    • Wesley Bishop

      From the video it looked like he may have climbed upon some bleachers that were closed as well.

      • Flashing Scotsman

        Really, it’s not even about the original altercation. Whether it was the kid or the teacher in the wrong, what’s the school’s problem with having evidence available?

        • Bob

          There are twenty other threads here about the video. This one IS about the initial altercation, because I am curious about it. The whole point in getting video evidence is to be able to examine the actions of authority in the altercation.

          • Flashing Scotsman

            The whole point on this blog is what the “officials” did with the “evidence.”

          • Bob

            Bullshit. The *how* and *why* we record figures of authority are equally important here. That is why Carlos posts articles about using multiple cameras, transparency laws, etc.

            The authority figures here acted outside the bounds of their authority. That’s why it’s especially important the kids be able to make and retain evidence of those acts. If you ignore the *why*, then you miss a huge part of the reason suppression of these videos (and others like them) is so dangerous and wrong.

            Like I said, there are plenty of other threads on this page discussing the part of the issue you seem to prefer discussing. Fuck off to those and don’t try to redirect my topic.

          • Flashing Scotsman

            Am I to understand that you believe that it makes a difference who is in the wrong in the original altercation? Or is this really all about the cameras being confiscated, and their ENTIRE contents look through?

            Oh, and thank you for your politeness in discussing the matter.

          • Bob

            The circumstances behind the altercation speak to the administration’s motive for deleting the footage. Often when this happens, there are cries about “but privacy!”, both by the perpetrators looking to cover their asses and even by the potential victims. There are people for whom this privacy argument is compelling (especially in regard to victims who may be in embarrassing states), as well as people who assume the authority figure is always correct (“No snot-nosed middle schooler should be talking back to a teacher! Letting kids use cameras only gives them the ability to whine about every time they’re held responsible by an adult! And what about the teacher’s privacy!!”). Any time a recording catches an authority figure overstepping their bounds, it is important to point it out because it demonstrates to those people EXACTLY WHY the right to record is so vital, and exactly why the teachers (or anyone else) deleting videos is such a sin.

            But I explained this already, and you’ve chosen not to listen.

            You began the impoliteness by wandering into my discussion, one which you are apparently not interested in, and trying to change the subject to something that more suits your taste – completely unnecessary, since you could have engaged dozens of other people in that particular topic just inches above or below where you chose to post.

            I then pointed out to you my reasons for starting this discussion, and you decided to tell me (incorrectly) that this blog is not the place for it (using “weird” scare “quotes” for some “reason”). At that point, yes, I asked to to fuck off.

          • Flashing Scotsman

            In that case, I would suggest the same. Thank you for the explanation, which still means nothing. The teacher’s motive has nothing to do with it.

      • Bob

        I wish we had the video in its entirety. The clip on that news program shows the teacher ordering him down, and him complying. If she had simply ended it there, or given him a detention or whatever the district-approved consequence is for his unsafe behavior, there wouldn’t be much to complain about (unless an altercation still happened and they still deleted the videos!).

        But my guess is that, after he complied (possibly with an attitude, he is a middle schooler after all!), she wanted to assert her authority and personally and immediately punish him in some way (the same way a cop who is angry at you will find every potential infraction), and chose the hat issue with which to do it.

        It is interesting to note the student complied when he was obviously in the wrong (climbing the closed bleachers) but began refusing when it was clear the teacher was getting arbitrary and retaliatory.

    • Bob

      I decided to go check out the dress code in school district’s official code of conduct, and it turns out it doesn’t ban hats. The closest mention in the code of conduct is “Certain head gear e.g. hairnets, wraps, bandanas” that are specifically gang-related.

      It DOES say “The key guideline is that dress and grooming should never interfere with anyone’s right to learn or teach, or endanger health or safety,” and later, “Schools may require that students leave clothing in their locker if that clothing could be worn to Conceal [sic] weapons or to intimidate others.”

      A school district’s code of conduct is a (hopefully) well-thought-out framework that outlines what actions both students and schools are able to perform, carefully balancing the rights and freedoms of everyone involved, based on what the law allows and guided by the district’s school board. It serves as not only a guideline for the rules of the individual schools in the district, but as a LIMITER. It prevents a single school principal from throwing arbitrary rules at students that have not been approved by the district’s school board and which may or may not be legal, such as “No male student shall be allowed to wear pink.”

      So if there’s nothing in the district’s code of conduct banning hats, how did this school try to ban hats?

      The school’s student handbook, the rules in which should be based on the district’s official code of conduct (no more, no less), say: “To ensure the safety of Brown students and staff, students are not allowed to bring hats, coats, backpacks, or bags to class. Lockers are available for students to store hats, coats, backpacks, and bags. Students should bring a sweater or layer their clothing on cold days.”

      The school has tried to use the district’s dress code safety rule to ban hats in class. Now, even though this school is so paranoid of its children that they can’t bring backpacks to class (!), I can’t fathom what a kid could hide in a hat that they couldn’t hide in a pocket. Someone has an outmoded notion about people wearing hats indoors and has tried to twist the safety rule to serve their purposes. The safety concern is entirely bogus, so this school rule is invalid as it is not supported by its district’s code of conduct.

      Note particularly that while this rule bans large coats, it suggests layering and sweaters on cold days. This is an acknowledgement that the school environment may be inadequately heated indoors. If there is a hat-related safety issue here, it is that some students may want or need a hat to keep their heads warm!

      Last, is this: Even assuming the rule is valid, the rule forbids bringing hats “to class.” The rule does not forbid indoor hat wearing (presumably the lockers are indoors, and the assumption inherent in the rule is that students may wear the classroom-forbidden items until they get to their locker) and the student in this altercation WAS NOT IN CLASS. School was not yet in session, and students had not yet been to their lockers. The video clearly shows students with backpacks – if this rule was broken by the boy with the hat, then every student there with a backpack or a coat on is equally guilty.

      • Amity Roberts

        I agree with what you’re saying. But, unfortunately I think the position they would take regarding the hat and dress code violation would be concerning safety. Obviously a hoodie covers the kid’s head, to some degree, obstructing the field of vision and potentially creating a fall risk,etc..this is probably why they’re banned from wearing at my middle-schooler’s school. I don’t believe the authoritarian school staff was really concerned over that..most likely along the lines of what you described as ‘retaliatory’ power-aggressive move..

        • Bob

          I’d find obstructing peripheral vision to be a real stretch as a safety issue, but in any case the school in question does not ban hoodies (unless they want to claim a hooded sweatshirt is a coat), only hats. Hats generally don’t block your peripheral vision.

          If your kid’s school bans hoodies, I would bet the reason for it is some administrator or other considers them “thug wear” (a la Trayvon), though I’m sure that’s not the “official” reason.

  • Educate this!

    God bless today’s teachers. “Quick, call the cops. This student is being unruly!”
    God bless today’s police. “Have we arrested any kids today? Never mind, we have now.”

  • anonrp

    The things administrators will do in the name of In Loco Parentis to cover their shit… This does not pass the smell test. (pun intended) http://en.wikipedia.org/wiki/In_loco_parentis

  • Dominic Delia

    Kid was a douche. Phones shouldn’t be allowed in school anyway. Grow up Parents.

    • Wesley Bishop

      “Kid was a douche” Wow what a mature adult you are.

    • Frank Talk

      Then the school should have a policy that phones need to be left home or in a locker during the day. These kids did not violate any policy.

    • Voice-Of-Concern

      the obvious troll is obvious

    • Amity Roberts

      Yea yea..probably right, but…realistically nowadays they’re used everywhere for everything. My daughter gets text messages on her phone from her teachers who send MMS of upcoming assignments and events. Face it..times are different and technology is growing and changing everyday. Globalization and social networking and media are being incorporated in school’s curriculum. Future jobs are inevitably changing. School systems should facilitate reciprocal respect between students and school staff..and school staff should pull their heads out of their asses long enough to actually listen to students rather than shutting them up and making them sit still.

  • Wesley Bishop

    Principals Email: barrerak@hsd.k12.or.us
    Principals Direct Phone: 503-844-1070 press 1 for english then dial ext 6472

  • Levi Dietrich

    The most disturbing thing is, the school officials, assaulting the kid, grabbing him and shit… for a hat? really? Its all about control

  • Voice-Of-Concern

    I see the claim that “Standards of Student Conduct handbook which allows staff to search and
    seize any property deemed “injurious or detrimental to the safety and
    welfare of the students and staff.”

    Ummm… I notice it does not say they have the right to DESTROY anything they seize… kind of a critical distinction. Perhaps the School Staff need to work on their Reading Comprehension Skills.

  • jackassletters

    This speaks to the fact that you need to have a lock on your phone. I’ve got mine set up so that when I hit a button it locks and needs a pass phrase to open it. I’ve also got the phone back in up to the cloud, and it blanks after repeated attempts to get into it. You’ll need my permission or a subpoena to browse my phone.

    Parents need to have a conversation with their kids that says allowing someone to go through your phone without permission is akin to a bad touch. It’s an invasion of privacy. These teachers are not the parents. There may be calendar events for medical procedure or psychiatry appointments. Do you want teachers looking at these? There could be all kinds of things on a kid’s phone that shouldn’t been seen by anyone other than the kid and parents.

    • Voice-Of-Concern

      what OS / Apps do you use to effect this?

      • TheJeebus

        All phones can do this.

        • Vpice-Of-Concern

          ummm.. great.

          Let’s pretend I don’t already know how to do this. Can anyone point me (and others) in the direction of where we can learn to do this?

          • TheJeebus

            You could start by telling us which phone you have.

          • Voice-Of-Concern

            I use several Android Devices. Not Rooted.

          • TheJeebus

            Go to Settings, Security, and screen lock should be one of the first options.

          • Amity Roberts

            Ha ha

      • jackassletters

        I think most smart phones allow for this these days, but I use iOS with touchID set up. After 3 failed attempts with my fingerprint it makes me enter a passphrase. After 10 it blanks the device. I backup to iCloud and use photo stream, so content wise I am covered.

  • Frank Talk

    A school district spokeswoman is saying that school personnel did not delete any videos, contrary to the claims of multiple students. She said students were asked to delete them voluntarily, which of course means “delete them or you’ll be the ones in trouble.” She also denies that students were threatened with suspension unless they turned over their pass codes. Then she admitted that a student received a text with the video attached, and that text was deleted by a staff member.

    The school also has amended its policy so that phones may not be used at all during the school day “due to a large-scale and inappropriate use of cell phones on Friday.” Funny that the cell phone use was inappropriate, not the school’s actions.

    • Flashing Scotsman

      The kids seem to have a different story.

  • zedge

    “However, like so many clueless public officials highlighted in the past on PINAC, Hillsboro School District officials claim a policy overrides the Constitution.”
    Good point! however this is not the case in a private school as it is not mandatory that you attend a private school. Since attending public school is compulsory in nature and already stands on shaky ground as far as the constitution is concerned it would be ill advised for public schools to implement policies that further restrict constitutional rights (Fourth Amendment) claiming higher authority.

  • Frank Schiffel

    Its illegal to delete the videos. Sounds like its time for a class action suit.

    • Amity Roberts

      Pun intended;) lol

  • Terry Brown

    Evidence erased from cel phones can probably be recovered. If any of the videos were written and erased from a micro sd card in the phone, then the video can probably be recovered by inserting the sd card into a computer running RStudio. The software will scan the card contents and ignore the file allocation table. Good luck!

  • Charles D Bingham

    Public schools primary purpose is to be, the State’s indoctrination apparatus.

  • Terry Wagar

    1999 Joan Wagar quit her job at the Multnomah county jail kitchen, at the direction of her lovers/buddy’s in law enforcement Joan Wagar turned my yard into a playground with expensive pools and large trampolines and expensive telescopes all paid for by county sheriff’s!

    County sheriff’s arranged to have a look-a-like live on my property for a month after this, and when I kicked that look-a-like off my property that look-a-like battered my mother, police refused to arrest that double and allowed that double to keep my mothers property!

    Joan Wagar then poisoned my mother Valerie Quigley and Valerie Quigley called 911 for help, police and county sheruiff’s refused to act on Valerie Quigley’s complaint thus covered it up, around the same time my father Don Wagar was poisoned as well by law officer’;s, and he warned me about it, three days later my father Don Wagar died!

    I was being threatened by law officer’s after that by phone, I got several phone calls a day from officer’s making threats and demands! and at the same time my wife Joan Wagar was filling my home with porn and life sized Barbie dolls and other paraphernalia!

    A month later I was arrested on forty four pedophile charges that turned to ZERO ten days later without explanation!

    Joan Wagar has a history of palling around with law officer’s and has a history of poisoning relatives and police have a history of covering up Joan Wagar’s victims 911 calls!

    2005 My wife Joan Wagar was having an affair with a Portland police officer named Eric Carlson!

    On January 18th 2005 Joan Wagar and officer Eric Carlson arranged to have me battered by three police officer’s and one Multnomah county sheriff officer!

    I was denied emergency medical services and I was being blackmailed by the police and county sheriff’s for signed waivers a week later!

    The whole month of February 2005 the police and county sheriff’s acquired several apartments surrounding ours at Arborglen apartments in s,e, Portland and were actively and publicly running around the neighborhood labeling me as a pedophile while I was stuck in my apartment with a broken rib and a messed up knee!

    I discovered after the fact that they have a name for their activity they call it pedofying, so they pedofied me the whole month of February 2005!

    March 2005 my wife Joan Wagar was openly cheating on me with officer Eric Carlson and she even admitted to me that he is a twin to me!
    Joan Wagar spent the whole month of March hanging out with these cops and sleeping around with them and was partying with them and being wined and dined by them and actively was turning our daughters against me while I was in a debilitated state from being battered!

    April 2005 Joan Wagar was flaunting their murder conspiracy and our daughters took my wife’s side and my wife was actively hooking her daughters up with the officer she already admitted was a twin to me!

    I was still in pain and had no where to turn to for help, and I started donating plasma in an attempt to get money so that I could find help!

    It was around this time I caught my wife Joan Wagar hooking her daughters up with officer Eric Carlson and at the same time I discovered this was open knowledge at East Port Walmart amongst employees and managers there!

    I tried to warn people about this and that’s when my wife Joan Wagar poisoned me with antifreeze in my coffee!
    Everyone in our family pretended nothings wrong and I was now even more debilitated and was at their mercy from being poisoned by them!

    Officer Eric Carlson along with my wife Joan Wagar’s coworkers at East Port Walmart were openly calling my wife Joan Wagar by the nickname Mrs Dash two weeks after she first poisoned me!

    The Portland police and Multnomah county sheriff’s bragged on a audio death threat they are going to kill me they broke into my home and put this audio death threat on my computer in my folder on the desktop!

    Officer Eric Carlson And Joan Wagar Caught On Video Trying To Kill Me They Are Armed With Guns And Recording Devices And Their Caught Hiding In Ambush By My Front Door!
    Officer Eric Carlson’s partner Shannon is the tall man wearing the baseball hat and these people killed a female named Jesica in 2007 and I caught them in the act bragging about it and here they are in 2009 waiting in ambush outside my apartment to shoot me and I caught them in the act on video doing this.

    A couple days later I called the Portland police to report the attempted murder that my wife and her lover are guilty of and they hung up on me, and an hour later I get a death threat via email sent to me via someone’s pre-paid phone, no words in the email, just a picture of someones face smashed in!
    I did not know how to take screen-shots at the time so I printed the photo that was on the email and copied the TO and FROM information on the email!

    https://www.dropbox.com/s/5s0si9vezosdw1m/scan0007%28FILEminimizer%29.jpg

    Here is an email sent to me via a Multnomah county sheriff officer and he is taunting me on this email so this email demonstrates how authority’s are covering up my calls for help!
    This email shows how I can report felony crimes to local authority’s and instead of contacting me in a formal way they reply to me via their personal Blackberry phones and taunt me and ignore ALL MY COMPLAINTS!

    https://www.dropbox.com/s/56mzswagavjbh05/Multnomah%20County%20Sheriffs.jpg

    Proof of Joan Wagar my wife admitting she is a poisoner, proof the OHSU hospital knows I have internal bleeding and is covering up Joan Wagar’s written confessions that she is a poisoner and the OHSU is pretending to not know what’s wrong with me to cover up the poisonings!

    Proof that the Portland police and the OHSU hospital is denying me emergency services and threatening me in writing with arrest if I even go to my hospital!
    Proof my wife’s lover officer Eric Carlson was having an affair with my wife he admits to his affair with my wife in his lover letter and he admits that he calls my wife by the nickname Mrs Dash in his love letter!

    https://www.dropbox.com/s/vjzw4wt2umdkgnf/Joan%2Cohsu%2Csgtwalker%2Cericloveletter.pdf

    Proof that when I contact other law agency’s to report these crimes that other law agency’s refuse to take a complaint and refuse to assign case numbers thus demonstrating how complaints are simply completely ignored and suppressed by authority’s!

    https://www.dropbox.com/s/b81nmy6u78u03cy/Officer%20Terry%20Felsmen%27s%20Response%201.jpg

    Proof that I am being blocked from contacting law agency’s outside the USA to report these crimes, I am being blocked from contacting INTERPOL!

    https://www.dropbox.com/s/a94oqpiz8abclia/INTERPOL%20Website%20Blocked%20I%20Cannot%20Contact%20INTERPOL%21%20%28FILEminimizer%29.jpg

    I am even blocked from contacting Crimestoppers of Oregon and that is the website that the Portland police tells people to report local crime to the Portland police, it’s their official tip website where people are supposed to report local crimes to the Portland police! and I AM NOT WELCOME TO REPORT ANYTHING!

    https://www.dropbox.com/s/qrimrkcw0fon86e/CrimeStoppersBlocksMe.jpg

    Even the Texas Rangers refuse to take complaints and refuse to give a case number and even refuse to give the name of the officer refusing to help me!

    https://www.dropbox.com/s/boezogpw3xubkfa/Texas%20Rangers%20Refuse%20To%20Take%20Complaints%20%28FILEminimizer%29.jpg

    Proof Joan Wagar is a serial killer she admits in writing multiple times to using pills and antifreeze as poison and she admits I could not get help from police or from hospital and admits to her affair with officer Eric Carlson!

    https://www.dropbox.com/s/ahc2azw8ca0k6u4/Joan%20Wagar%20A%2CK%2CA%2C%20Mrs%20Dash%20Admits%20She%20Is%20Poisoner%21%28FILEminimizer%29.pdf

    http://wifepoisonedme.files.wordpress.com/2013/10/joan-wagar-admits-she-is-poisoner-hospital-refuses-to-help-victimsmallpdf-com.pdf

    Terry Wagar

  • terry wagar

    1999 Joan Wagar quit her job at the Multnomah county jail kitchen, at the direction of her lovers/buddy’s in law enforcement Joan Wagar turned my yard into a playground with expensive pools and large trampolines and expensive telescopes all paid for by county sheriff’s!

    County sheriff’s arranged to have a look-a-like live on my property for a month after this, and when I kicked that look-a-like off my property that look-a-like battered my mother, police refused to arrest that double and allowed that double to keep my mothers property!

    Joan Wagar then poisoned my mother Valerie Quigley and Valerie Quigley called 911 for help, police and county sheruiff’s refused to act on Valerie Quigley’s complaint thus covered it up, around the same time my father Don Wagar was poisoned as well by law officer’;s, and he warned me about it, three days later my father Don Wagar died!

    I was being threatened by law officer’s after that by phone, I got several phone calls a day from officer’s making threats and demands! and at the same time my wife Joan Wagar was filling my home with porn and life sized Barbie dolls and other paraphernalia!

    A month later I was arrested on forty four pedophile charges that turned to ZERO ten days later without explanation!

    Joan Wagar has a history of palling around with law officer’s and has a history of poisoning relatives and police have a history of covering up Joan Wagar’s victims 911 calls!

    2005 My wife Joan Wagar was having an affair with a Portland police officer named Eric Carlson!

    On January 18th 2005 Joan Wagar and officer Eric Carlson arranged to have me battered by three police officer’s and one Multnomah county sheriff officer!

    I was denied emergency medical services and I was being blackmailed by the police and county sheriff’s for signed waivers a week later!

    The whole month of February 2005 the police and county sheriff’s acquired several apartments surrounding ours at Arborglen apartments in s,e, Portland and were actively and publicly running around the neighborhood labeling me as a pedophile while I was stuck in my apartment with a broken rib and a messed up knee!

    I discovered after the fact that they have a name for their activity they call it pedofying, so they pedofied me the whole month of February 2005!

    March 2005 my wife Joan Wagar was openly cheating on me with officer Eric Carlson and she even admitted to me that he is a twin to me!
    Joan Wagar spent the whole month of March hanging out with these cops and sleeping around with them and was partying with them and being wined and dined by them and actively was turning our daughters against me while I was in a debilitated state from being battered!

    April 2005 Joan Wagar was flaunting their murder conspiracy and our daughters took my wife’s side and my wife was actively hooking her daughters up with the officer she already admitted was a twin to me!

    I was still in pain and had no where to turn to for help, and I started donating plasma in an attempt to get money so that I could find help!

    It was around this time I caught my wife Joan Wagar hooking her daughters up with officer Eric Carlson and at the same time I discovered this was open knowledge at East Port Walmart amongst employees and managers there!

    I tried to warn people about this and that’s when my wife Joan Wagar poisoned me with antifreeze in my coffee!
    Everyone in our family pretended nothings wrong and I was now even more debilitated and was at their mercy from being poisoned by them!

    Officer Eric Carlson along with my wife Joan Wagar’s coworkers at East Port Walmart were openly calling my wife Joan Wagar by the nickname Mrs Dash two weeks after she first poisoned me!

    The Portland police and Multnomah county sheriff’s bragged on a audio death threat they are going to kill me they broke into my home and put this audio death threat on my computer in my folder on the desktop!

    Officer Eric Carlson And Joan Wagar Caught On Video Trying To Kill Me They Are Armed With Guns And Recording Devices And Their Caught Hiding In Ambush By My Front Door!
    Officer Eric Carlson’s partner Shannon is the tall man wearing the baseball hat and these people killed a female named Jesica in 2007 and I caught them in the act bragging about it and here they are in 2009 waiting in ambush outside my apartment to shoot me and I caught them in the act on video doing this.

    A couple days later I called the Portland police to report the attempted murder that my wife and her lover are guilty of and they hung up on me, and an hour later I get a death threat via email sent to me via someone’s pre-paid phone, no words in the email, just a picture of someones face smashed in!
    I did not know how to take screen-shots at the time so I printed the photo that was on the email and copied the TO and FROM information on the email!

    https://www.dropbox.com/s/5s0si9vezosdw1m/scan0007%28FILEminimizer%29.jpg

    Here is an email sent to me via a Multnomah county sheriff officer and he is taunting me on this email so this email demonstrates how authority’s are covering up my calls for help!
    This email shows how I can report felony crimes to local authority’s and instead of contacting me in a formal way they reply to me via their personal Blackberry phones and taunt me and ignore ALL MY COMPLAINTS!

    https://www.dropbox.com/s/56mzswagavjbh05/Multnomah%20County%20Sheriffs.jpg

    Proof of Joan Wagar my wife admitting she is a poisoner, proof the OHSU hospital knows I have internal bleeding and is covering up Joan Wagar’s written confessions that she is a poisoner and the OHSU is pretending to not know what’s wrong with me to cover up the poisonings!

    Proof that the Portland police and the OHSU hospital is denying me emergency services and threatening me in writing with arrest if I even go to my hospital!
    Proof my wife’s lover officer Eric Carlson was having an affair with my wife he admits to his affair with my wife in his lover letter and he admits that he calls my wife by the nickname Mrs Dash in his love letter!

    https://www.dropbox.com/s/vjzw4wt2umdkgnf/Joan%2Cohsu%2Csgtwalker%2Cericloveletter.pdf

    Proof that when I contact other law agency’s to report these crimes that other law agency’s refuse to take a complaint and refuse to assign case numbers thus demonstrating how complaints are simply completely ignored and suppressed by authority’s!

    https://www.dropbox.com/s/b81nmy6u78u03cy/Officer%20Terry%20Felsmen%27s%20Response%201.jpg

    Proof that I am being blocked from contacting law agency’s outside the USA to report these crimes, I am being blocked from contacting INTERPOL!

    https://www.dropbox.com/s/a94oqpiz8abclia/INTERPOL%20Website%20Blocked%20I%20Cannot%20Contact%20INTERPOL%21%20%28FILEminimizer%29.jpg

    I am even blocked from contacting Crimestoppers of Oregon and that is the website that the Portland police tells people to report local crime to the Portland police, it’s their official tip website where people are supposed to report local crimes to the Portland police! and I AM NOT WELCOME TO REPORT ANYTHING!

    https://www.dropbox.com/s/qrimrkcw0fon86e/CrimeStoppersBlocksMe.jpg

    Even the Texas Rangers refuse to take complaints and refuse to give a case number and even refuse to give the name of the officer refusing to help me!

    https://www.dropbox.com/s/boezogpw3xubkfa/Texas%20Rangers%20Refuse%20To%20Take%20Complaints%20%28FILEminimizer%29.jpg

    Proof Joan Wagar is a serial killer she admits in writing multiple times to using pills and antifreeze as poison and she admits I could not get help from police or from hospital and admits to her affair with officer Eric Carlson!

    https://www.dropbox.com/s/ahc2azw8ca0k6u4/Joan%20Wagar%20A%2CK%2CA%2C%20Mrs%20Dash%20Admits%20She%20Is%20Poisoner%21%28FILEminimizer%29.pdf

    http://wifepoisonedme.files.wordpress.com/2013/10/joan-wagar-admits-she-is-poisoner-hospital-refuses-to-help-victimsmallpdf-com.pdf

    Terry Wagar

  • Terry Wagar

    Police and county sheriff’s in Portland Oregon use photo doubles to frame innocent people as pedophiles and they brag to their girlfriends at Clackamas Walmart that they kill people this way and that they pedofy people all the time that way!

    They also admit they use flyers to pedofy their victim after they use body doubles and photogenic photo’s to frame people, they call it pedofying!

  • fbreak

    Actually, something nobody mentioned…if it was before school started, and kids were allowed to use their phones (when school starts, the school rules state the students can’t use their phones), then the kid was probably allowed to wear his hat until school started, right? Why did they force him to remove his hat?

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