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re: Middle school student may soon face charges on 32 counts of child porn after fight

Posted on 5/21/18 at 7:35 pm to
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65697 posts
Posted on 5/21/18 at 7:35 pm to
quote:

With which crime should we punish 15-year-old who masturbate?


Kidnapkin
Posted by Geauxtiga
No man's land
Member since Jan 2008
34377 posts
Posted on 5/21/18 at 7:35 pm to
quote:

I love how he gets busted, but no one is arresting the chicks who sent him pics.
I bet her phone is full of dic pics.
Posted by Martini
Near Athens
Member since Mar 2005
48836 posts
Posted on 5/21/18 at 7:37 pm to
We didn’t have cell phones or middle school. We had pay phones and junior high school. And if they confiscated my book bag (we didn’t have backpacks either) they would have found a few copies of Juggs and maybe a reel to reel of Between Black Buns.
Posted by DavidTheGnome
Monroe
Member since Apr 2015
29160 posts
Posted on 5/21/18 at 7:44 pm to
quote:

Kidnapkin



Posted by tigersfirst
Baton Rouge
Member since Apr 2013
1064 posts
Posted on 5/21/18 at 7:59 pm to
quote:

Should be inadmissible evidence.


How did you come to that conclusion?
Posted by tigerfoot
Alexandria
Member since Sep 2006
56245 posts
Posted on 5/21/18 at 8:01 pm to
quote:

Damn a 15 year old got more nudes in 15 years then I did my whole life.
he probably got them in the last 6 months
Posted by Sao
East Texas Piney Woods
Member since Jun 2009
65697 posts
Posted on 5/21/18 at 8:03 pm to
If a crime was committed and the young man was a witness, he's just that. A witness. He should be given due process. Confiscating phones to search for evidence of the crime was done without his consent, consent of his parents and most certainly no attorney.
Posted by tigersfirst
Baton Rouge
Member since Apr 2013
1064 posts
Posted on 5/21/18 at 8:35 pm to
Like a previous poster said, while students enjoy 4th Amendment protections,they are balanced by the schools responsibility to provide a safe environment. Teachers can search a student if they have reasonable suspicion they would find evidence of a crime. The search just needs to be reasonable.

This case is very interesting though. I am curious if law enforcement obtained a warrant to search the cellphone after the school made them aware of the incident.

This is the kind of case that could go all the way up.
Posted by DavidTheGnome
Monroe
Member since Apr 2015
29160 posts
Posted on 5/21/18 at 8:40 pm to
And also if the phone was locked did they make the student unlock it.
Posted by OweO
Plaquemine, La
Member since Sep 2009
113940 posts
Posted on 5/21/18 at 8:40 pm to
Damn. I wonder what is defined as "under-age pornography" in this case? I mean, if some girls around his age sent him nudes, I don't think that should be against the law. Of course what I think and what is... Are two different things, but I should say.. I didn't realize that was against the law.

Now if this kid had pictures of younger kids.. That's a whole different story, but this is interesting.
Posted by idlewatcher
County Jail
Member since Jan 2012
79052 posts
Posted on 5/21/18 at 9:37 pm to
How many of those photos were from one of his teachers?
Posted by deltaland
Member since Mar 2011
90560 posts
Posted on 5/21/18 at 9:46 pm to
How can you charge a kid who is underage himself? Going to ruin a kids life for being a typical teenage boy
Posted by Dale Murphy
God's Country
Member since Feb 2005
24467 posts
Posted on 5/21/18 at 10:06 pm to
I know the kid. Very well.
The phone was taken because of the fight. Not sure how they got around that legally. But the girls were 14ish. Kid just turned 15. Haven't heard of any of the girls in trouble for sending them. Which is pure BS.
Unless he was sending them out to other kids, this is a ridiculous thing to have happen to a kid.
Posted by LSUFanHouston
NOLA
Member since Jul 2009
37072 posts
Posted on 5/21/18 at 10:10 pm to
When I was 15 I dated a girl who wanted me to take naked pics of her (also 15) with a Polaroid camera. I kept them for a couple of months. When we broke up she asked for them back, and like a beta teenager I gave them back.

Hard to fathom I could have been charged with possession of kid porn.
Posted by novabill
Crossville, TN
Member since Sep 2005
10438 posts
Posted on 5/21/18 at 10:26 pm to
quote:

Good. Lock this sicko up. That’s somebody’s daughter


Somebody should teach their daughter, nevermind. Not worth it
Posted by novabill
Crossville, TN
Member since Sep 2005
10438 posts
Posted on 5/21/18 at 10:27 pm to
quote:

Without consent, minors can not be filmed, and the phones can be legally confiscated


Probable cause much?
Posted by novabill
Crossville, TN
Member since Sep 2005
10438 posts
Posted on 5/21/18 at 10:30 pm to
quote:

This sick fricker is a pedo. Lock him up.


If he slept with her he is a pedophile, or is she?
Hmmmmmmm
Posted by Ryan3232
Valet driver for TD staff
Member since Dec 2008
25794 posts
Posted on 5/21/18 at 10:35 pm to
God damn I feel so bad for that poor kid that is getting fricking on a stupid technicality of our sad justice system...
Posted by tigerstripedjacket
This side of the wall
Member since Sep 2011
3001 posts
Posted on 5/21/18 at 10:40 pm to
quote:

Probable cause much?


Try again there slick- schools do not operate on probable cause. They are legally required to exercise reasonable suspicion. Any reasonable person would suspect that a kid reportedly seen with a cell phone taking video during a fight did in fact film minors against their consent. Especially troubling if in a locker room.

quote:

Can schools confiscate and search items that belong to students? Yes if they have reasonable suspicion, which is different from probable cause for police. LINK The teacher, principal, school security guard, or administrator may search the person of a student or his personal effects when, based on the attendant circumstances at the time of the search, there are reasonable grounds to suspect that the search will reveal evidence that the student has violated the law, a school rule, or a school board policy. Such a search shall be conducted in a manner that is reasonably related to the purpose of the search and not excessively intrusive in light of the age or sex of the student and the nature of the suspected offense.
Posted by weadjust
Member since Aug 2012
15092 posts
Posted on 5/21/18 at 10:49 pm to
quote:

If a crime was committed and the young man was a witness, he's just that. A witness.


"The student could soon face charges of second degree battery and 32 counts of possessing child pornography"

A witness wouldn't be facing a possible 2nd Degree Battery charge
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