A.C.T.A. BRIEFING: Captain Jaime I. Monsalve: June 27, 2010 Dangerous or injurious weapons found in the possession of a student, by a Commandant

What happens when a Commandant sees what they believe to be a dangerous item in the possession of a student under their care? What actions must the Commandant take to ensure the safety of their students? Are they under any obligation to take any action? Are there provisions in writing that govern such an incident?

CALIFORNIA EDUCATION CODE SECTIONS The Legislature recognizes that crime, including vandalism, and violence has reached an alarming level at school sites throughout California.

CALIFORNIA EDUCATION CODE SECTIONS “…injurious object" shall mean those objects capable of inflicting substantial bodily damage, not necessary for the academic purpose of the pupil (to include items specified in Sections 653k, 12001, 12020, 12220, 12401, and of the Penal Code.) “…academic purpose" means any school sponsored activity or class of instruction…

CALIFORNIA EDUCATION CODE SECTIONS Any certificated employee of any school district … may take from the personal possession of any pupil upon school premises or while under the authority of school personnel any injurious object in the possession of the pupil.

CALIFORNIA EDUCATION CODE SECTIONS Pupil may be …Recommended for expulsion as defined pursuant to any of subdivisions (a) to (r), inclusive: (a) (1) Caused, attempted to cause, or threatened to cause physical injury to another person. (2) Willfully used force or violence upon the person of another… (b) Possessed, sold, or otherwise furnished a knife, or other dangerous object…

What can a teacher search? Niranjan Thiagarajah - Jan 2006 Legal Zoom Article New Jersey v. TLO. School searches are only justified according to the Supreme Court "when there are reasonable grounds for suspecting that the search will turn up evidence that the student has violated or is violating either the law or the rules of school." California's own State Supreme Court has expanded upon the ruling by stating that "reasonable grounds" must be supported by "articulable facts."

So what is an injurious object/weapon – California Education Code “…objects capable of inflicting substantial bodily damage, not necessary for the academic purpose of the pupil.”

So what is an improvised weapon (edged or otherwise): Any item whether by design or improvisational use, that can puncture, cut, stab, slice, tear, scratch, or by impact, bludgeon, crush, or cause damage to extremities or internal organs and in so doing can cause minor to serious injury or death to the victim by the perpetrator / student wielding or employing the weapon in question. These weapons are limitless in shape, size, and design.

Jewelry

Other items

Results from edged weapon attack: Warning Very Graphic

In conclusion: What action would you take to ensure the safety of your cadets? They're counting on you