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Posted: 2/7/2002 6:31:44 AM EDT
http://www.chicagotribune.com/news/nationworld/nation/chi-0202060336feb06.story A student who kept pictures of weapons in his school locker said he feels vindicated after a judge overturned his expulsion from Palatine High School. "Justice is finally served," Patrick Bryant said Tuesday. Bryant was expelled in February 2001 after police searching his locker found a doodle of a gun, a photo of two swords, an essay defending the right to bear arms and another writing assignment that mentioned weapons, according to his lawyer. On Friday, Cook County Circuit Judge Nancy Arnold said Bryant's expulsion was "arbitrary and capricious" and not supported by the evidence. But Bryant, a 16-year-old junior, is still trying to get back into the school. His mother, Mary Bryant, went to the school Tuesday to re-enroll him, hoping he could start there Wednesday after a year in an alternative school. But she was turned away to await the district's discussions with its lawyers. "That's not fair at all," she said. "I don't think they have any realization of what this does to a child. Once you expel them, you've taken them away from their friends and their social activities." "We want to comply with the law but we also need to make sure we are acting in an appropriate manner with regard to all of our students," Associate Supt. Bob Rozycki said. The district has 30 days to appeal the judge's ruling, and the school board will meet with attorneys Thursday to discuss options, said the district's attorney, Todd Faulkner. The family's attorney, Steve Glink, said he plans to go back to court Wednesday and ask the judge to order the boy's return to school. The Township High School District 211 Board had put the expulsion on hold as long as Bryant enrolled in Connections Day School, a school for students with emotional and behavioral problems, according to the lawsuit filed by the family against the district. Bryant now attends that alternative school. In the lawsuit and early media accounts, Bryant was identified only as "Patrick B." But in the days since Arnold's ruling, Bryant and his family have been speaking freely to the media, hoping to get their side of the story out. "I'm just glad we finally got the case heard, and it was found the school wrongly expelled him," his mother said. "He'll be going back. We feel bad he missed out on normal high school life." Glink said he understood the district's decision in light of school shootings across the country. "But I think they were wrong, and so did the judge," he said. Bryant's mother still thinks the district overreacted. "He shows an interest in guns," she said. "He wants to join the Marines. I don't see anything wrong with that. Because you're interested in firearms ... doesn't mean you're going around killing people." Arnold said the district failed to prove Bryant threatened any students on school grounds and said having photos and literature about guns was not enough to support expulsion. After the locker search, police searched Bryant's bedroom and found fireworks, a BB-gun and some ammunition, his mother said. There were no guns in the house. Bryant was sentenced in juvenile court to probation and community service for possession of ammunition without a firearm owner's identification card, according to authorities.
Link Posted: 2/7/2002 6:37:55 AM EDT
You know reading that story 1) I feel bad that he had to be expelled in the first place. 2) I'm glad the Judge reversed the expulsion. 3) I was saddened that he had been convicted of a crime for possesion of ammo.
Link Posted: 2/7/2002 6:38:55 AM EDT
I use to draw pictures of guns in grade school. I even brought a gun to school for show in tell(with my parents) and taught firearm safety and cleaning. This was at a private Catholic school in Atlanta. Also, use to empty out 30-06 ammo and drill through the cartridge to make bullet necklace, though that was kind of nuts. I never got in trouble for any of it, but people weren't such pussies back then. Glad this kid got off, its all okay unless he's stating that he's going to hurt someone. Bill3508
Link Posted: 2/7/2002 6:39:20 AM EDT
Wait a minute, a drawing of a gun and an essay on the RKBA is probable cause for a warrant to search his parent's residence?
Link Posted: 2/7/2002 7:18:21 AM EDT
Link Posted: 2/7/2002 7:33:09 AM EDT
Same thing happened to me, they found a bushmaster catalog in my locker, suspended me for a week. "Give me the schools, and I will have the nation in a genoration"-Adolf Hitler, todays High schools are just nice little Al Gore factories.
Link Posted: 2/7/2002 7:33:43 AM EDT
Originally Posted By DoubleFeed:
Originally Posted By Beachboy: Wait a minute, a drawing of a gun and an essay on the RKBA is probable cause for a warrant to search his parent's residence?
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You bet. It's for the children.
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I've seen some very...creative...affidavits before, but I can't imagine taking that before a magistrate / judge in south Alabama. Even the liberal ones. There's got to be more to it than that?
Link Posted: 2/7/2002 7:53:30 AM EDT
I can't imagine taking that [possession of pictures of guns] before a magistrate / judge in south Alabama [to obtain a warrant].
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If the officers considered it probable cause, why would they need to obtain a warrant? Also, you're assuming the parents didn't allow the officers to search his room when they asked.z
Link Posted: 2/7/2002 8:12:45 AM EDT
When you have an essay for RKBA and a gun catalog is good enough for justifying a search warrant, I guess the authorities want to head off another Columbine-style shootout.
Link Posted: 2/7/2002 8:57:54 AM EDT
[url]http://www.dailyherald.com/search/main_story.asp?intID=3729220[/url]
A parent's call to school officials a year ago sparked a process that later led to his expulsion for two years - the maximum under District 211's policy. The parent claimed Bryant, a sophomore at the time, kept a "hit list" in his locker.
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Sounds like the school officials were doing a total CYA.
Link Posted: 2/7/2002 9:00:38 AM EDT
Originally Posted By Beachboy:
Originally Posted By Beachboy: Wait a minute, a drawing of a gun and an essay on the RKBA is probable cause for a warrant to search his parent's residence?
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I've seen some very...creative...affidavits before, but I can't imagine taking that before a magistrate / judge in south Alabama. Even the liberal ones. There's got to be more to it than that?
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Zoom , If you are going to quote me, please use the entire quote so that it is not taken out of context. Yes, the search may certainly have been consensual. I have never been a LEO in Illinois and am not aware of what statute or law they MAY have applied for the warrant under. I do not know what the IL Criminal Code considers in their Rules Of Evidence. If you are a IL LEO, please share your erudition with us. I am not currently a LEO and haven't been for a few years now. However, I have been the affiant on a few (hundreds) requests for warrants in the past. I was merely musing on how little evidence it seemed to require based upon the story. And personally, I still don't see that there was enough Reasonable Suspicion, much less Probable Cause, with the information given above, to validate a warrant. And I personally would want a warrant to go from a child's school to his residence to conduct a search. Unless you're operating under "hot pursuit, possible destruction of evidence or an on-going criminal activity or operation" mentality. I was also musing on how different the perception would be, here in the south where many of the judges and prosecutors are hunters and gun owners. Just my .02. Beachboy
Link Posted: 2/7/2002 9:07:27 AM EDT
subjects, not free men, must have a foid.
Link Posted: 2/7/2002 9:10:41 AM EDT
mejames Thanks for the link
Link Posted: 2/7/2002 2:15:10 PM EDT
THAT is why I don't read Small Arms Review in the senior hallway anymore.
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