I believe the cop(s) who made the arrest had the authority to choose whether to arrest this kid or not. Just like police have the leeway to choose not to ticket a speeder, not arrest someone for forgetting their license at home, etc.
The law is not absolute. Every situation is a judgment call.
They could have simply let it go and chalked it up to a mistake since there was zero intent to harm and because of the kid's background.
I did a little research several months ago about the laws here in Alabama. Here is what our laws say:
Premises of a public school.
The term "public school" as used in this section applies only to a school composed of grades K-12 and shall include a school bus used for grades K-12
Subject to the exceptions provided by Section 13A-11-74, no person shall knowingly with intent to do bodily harm carry or possess a deadly weapon on the premises of a public school.
Possession of a deadly weapon with the intent
to do bodily harm on the premises of a public school in
violation of subsection (c) of this section is a Class C felony.
Law enforcement officers are exempt from this section, and persons with pistol permits issued pursuant to Section 13A-11-75, are exempt from the provisions of subsection (c) of this section.
Permit/License holders can carry in schools. I put the law here so people could see it."
Note the key feature of the law "with the intent to do bodily harm"
I hope this kid's parents appeal to the community and make such a stink about this that it puts the school board and superintendent in such a bad light that they cave in and waive the punishment. Any judge/jury who gets this case and doesn't acquit this kid should be held accountable by The People.
Our family's journey from the Rocket City to the Redoubt: www.suburbiatosimplicity.com
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