Child Arrested, Thrown in Jail for Burping in Class, Court Rules this Police State Madness Justified

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Albuquerque, NM — Albuquerque, New Mexico is home to some of the world’s most dangerous cops. After a recent federal appeals court ruling this week, the world now knows why they are likely never held accountable. In typical police state fashion, the court upheld the arrest and charges of a 13-year-old child — for burping in class.

In what sounds like a piece from the Onion, the 10th circuit court of appeals ruled that the cop who arrested the child and the school staff were entitled to ‘immunity’ from any lawsuit filed against them on behalf of the child. The law the court cited in their ruling prohibits anyone from interfering with the educational process.

The original incident happened in May of 2011 at Albuquerque’s Cleveland Middle School. After repeatedly burping in class, instead of simply disciplining the child, the school called the cops. The 13-year-old boy, who was in 7th grade at the time, was then searched, arrested, handcuffed, and brought to jail — for burping.

After being held in a juvenile detention center for over an hour, his mother was finally informed that her son had been arrested.

The boy’s mother filed a lawsuit rightfully arguing that her her son’s arrest was unlawful and resulted in excessive force. However, thanks to the insanity of the legal system, she has no recourse against the school officials or the cop who kidnapped her son for burping.

“At worst, [the boy] was being a class-clown and engaged in behavior that would have subjected generations of school boys to an after-school detention, writing lines, or a call to his parents,” a complaint filed by her attorneys said. However, instead of using these normal means of discipline, the school opted for the barrel of a gun.

The Guardian reports,

According to the school, the boy was in physical education class when his teacher said he began making other students laugh with fake burps. The teacher sent him to the hallway, where he continued burping and leaning into the entranceway to the classroom so the students could hear.

That’s when officer Arthur Acosta, assigned to the middle school as its resource officer, was called to the hallway where the boy was seated, according to court documents.

The boy disputed the version of events provided to the officer by his teacher, Margaret Mines-Hornbeck, before the officer led him away from the classroom, and took him first to the school’s administrative office and then the juvenile detention center.

After being arrested, the child was then suspended for the remainder of the school year.

The court also ruled on a separate complaint brought against the school for their decision to search the boy the following November, after the arrest.

According to court documents, the assistant principal suspected the child was involved in a marijuana deal and made the boy remove his shoes and jeans, and flip the waistband of his shorts outward. The search was fruitless and revealed that the principal’s suspicions were false.

According to the Guardian, the mother argued the school official engaged in an unlawful strip search of the boy. But the court found the use of the term “strip search” was a stretch and did not violate the boy’s constitutional rights.

When a child is arrested for being the class clown and a court not only upholds the arrest but grants immunity to the ones who conducted it, something is seriously wrong.

Kidnapping and caging a child for burping shows that the mere act of being a child is now criminalized.

As the Free Thought Project previously reported, according to statistics released by the U.S. Department of Education and published by NBC News, in the 2011-2012 school year, teachers called the cops on students a total of 31,961 times in the state of California alone, leading to 6,341 arrests.

With 175 school days lasting eight hours each, that means that every 2.6 seconds a cop is called!

At one California school district, in particular, East Side Union High School District in San Jose, police were called on students 1,745 times during the 2011-2012 school year. This one school called the police on students more than ten times a day!

In May, we reported on the video showing a San Antonio Independent School Districtpolice officer body slam a 12-year-old girl. In February, the Free Thought Project brought you the story of the Baltimore School cop who was seen beating a student who had done nothing wrong.

In fact, recent videos have revealed a myriad of school cops attacking unarmed students. In December, Officer Rigo Valles was cleared of any wrongdoing after grabbing a student by the neck and slamming him to the floor. In October, Richland County Deputy Ben Fields was fired after students recorded him flipping over a girl’s desk and dragging her across the floor. Oklahoma City Master Sgt. Thomas Jaha was charged with assault and battery in October as well, after repeatedly punching a student in the face for not having ahall pass.

In November, prosecutors agreed to dismiss assault charges against Louisville Metro Police Officer Jonathan Hardin for punching a student in the face if the former officer completes anger management classes. Hardin still faces wanton endangerment, official misconduct, and assault charges for choking another student unconscious in a separate incident five days later. In separate incidents earlier this year, school cops have also been caught attacking an autistic boybody-slamming a child, and raping nearly two dozen students.

And these are the ones the public knows about. How many more incidents, just like this one, go unreported and unpunished?

Instead of attempting to solve a problem with logic and reason, schools are now taking the easy road and turning to the barrel of a gun to force compliance. This is not only dangerous and lazy, but entirely unnecessary.

A study of more than 185,000 private and public school users from 2010 to 2014 revealed that violence is largely a problem in the public school sector. Private schools, unlike public schools, have an incentive to create a safe and caring environment for their students, so they take a far more proactive approach to prevent bullying — and it works.

Without using police force, private schools are able to reduce bullying and violence to levels far below that of public schools. Imagine that.

What this data illustrates is the societal dependence on the state to solve matters that should be handled without government. Being dependent upon the state to solve one’s problems is a de facto dependency upon violence.

“The State represents violence in a concentrated and organized form. The individual has a soul, but as the State is a soulless machine, it can never be weaned from violence to which it owes its very existence.” -Mohandas Karamchand Gandhi

If you truly want a glimpse into the horrid effects of the police state on all school children, take a scroll through our archives, at this link.

Until people wake up to the reality of relying on a system of violence to maintain “order,” we can expect this problem to get worse.

Matt Agorist is an honorably discharged veteran of the USMC and former intelligence operator directly tasked by the NSA. This prior experience gives him unique insight into the world of government corruption and the American police state. Agorist has been an independent journalist for over a decade and has been featured on mainstream networks around the world. 

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The people that put the kid to jail, they should put themselves in jail

Hey all your parents get back the control of the school board that allows like something like this happen.  I would bet this is a non african american child because if it was nothing would have happen.  Go out and vote the school out of office and get people that have some common sense.

I have to wonder why this issue is being raised now, since the incident happened almost 6 years ago. Is it being pushed by Black Lives matter to further erode trust in law enforcement?  Is there proof that it is still happening? The police officer was assigned to the school as a resource officer, so it was not like he was part of a SWAT team. 

Why aren't school officials not coping with unruly students?  Have the laws made them fear taking any action? And if the kid had been selling pot, not finding any pot might be a result of his having sold it.   

Don't we know that kids today are very spoiled and full of themselves, thinking that the world owes them not just a living but becoming rich for doing as little as possible?  Look at the millions of young people who think that a bum like Bernie Sanders is some kind of savior.

The problem is that the article is addressing symptoms, not causes. It does not explain what the law actually says, or why the judge ruled as he did. It does not discuss the kid's past history...was it only burping, or was he incorrigible? 

Since this is an old story resurrected for some kind of agenda (like perpetuating hate the police), why is there no information on what happened to the kid? Is he now a pillar of society or is he in jail? He is  now 20 years old, if he survived. 

The artticle does not mention that New Mexico has a School Disruption Law (read more at  Bloomberg View and the Albuquerque Journal). The law makes it a misdemeanor to willfully interfere with the educational process through an act to disrupt, impair or interfere with lawful school functions. In other words the kid broke the law (I don't know if it is a bad law or a good law, but the law is the law, and if it is a bad one it needs to be changed, and if it is not changed, then disobeying it will get you in trouble. Briefly the law states, "no one may “willfully interfere with the educational process of any public … school by committing, threatening to commit or inciting others to commit any act which would disrupt, impair, interfere with or obstruct the lawful mission, processes, procedures or functions of a public … school.”"

The article also does not tell us that when the kid was searched, "No drugs were found, though the search did uncover a belt buckle with a marijuana leaf and a prohibited red bandanna." Per http://www.abqjournal.com/816203/burp-arrest-upheld-by-fed-court.html the pot leaf was a decorations on the belt buckle and the red bandanna was found in the kid's backpack.

The article also fails to point to the ruling of the court which is in a  94-page opinion at http://www.ca10.uscourts.gov/opinions/14/14-2066...

http://www.abajournal.com/news/article/officer_has_immunity_for_arr...

One has to wonder what the schools would be like if the state did not have this law.

Perhaps if this story reveals anything, it is how poor a job the media does in reporting news.

15 years ago I took a night time motorcycle class to meet motorcycle drivers license requirements. It was in a San Antonio high school classroom. About 1 minute after entering the school and walking down it's hallway it occurred to me that it was waaayyy over the top about 'security'. All the doors and windows were barred and the hallways were lined with 'we will get you' posters - many with images of cops on them. It looked a lot like a prison might look I guessed.

I couldn't help but think of how I woulda reacted to that at high school age. Have no doubt my rebellious side woulda dominated, rather than being kept under control as I was able to do. ...and for those in this high school without a rebellious side - they're being indoctrinated to be entirely submissive to rules, with no inspiration for individual thought.

yeah... I'm pretty convinced that the 30 year old and younger crowd has spent their whole life thinking a police state is normal. Same applies to the faculty of the schools.

Teachers and administrators are not doing their jobs; neither are the parents.  Police should never be called into a school unless there is violence.  Having taught high school in NY in the past, I know it takes courage for a teacher to be a leader.  These administrators have surrendered their responsibilities to the police. Cowards.

That include the policeman and women we are in the midst of a ruin nation

The burping kid likely had listened to his grandparents old George Carlon LP's about burping in Catholic grade school. I knew several kids in grade school who should have faced firing squads, with no last cigarette or blind fold. The public school teachers have impossible tasks if parents aren't teaching Christian morals to their little Al Capones. And cops can't win. They are trained to deal with deadly situations not wet nursing little brats. They have to to survive these days.

We have lost the moral of the people a long time a go, and we have paid the consequences for it, by electing a socialist, communist man in the white house

Bring back corporal punishment at home, at school, in the grocery store and anywhere else.

Whoop their ass and this crap stops.

The rule of law depends upon the use of the sword... too enforce the law.  The more laws we have the greater the conflict between those seeking liberty and those enforcing the laws in what eventually becomes a police state.

That's when the communist,and socialism come in

This is a bit over the top, but a child who is making himself burp repeatedly thereby disrupting the class should be at the very least removed from the classroom.  Thirteen year olds can be very obnoxious.  I once removed my granddaughter's bedroom door because she repeatedly slammed it after being asked not to do so.  She was clearly asserting her defiance and learned quickly that she was inappropriate.  I'm sure before the police were called there were other things that took place making the call necessary. 

We live in a zero tolerance atmosphere in our schools today because God was removed from schools back int he 70's and morals have reached an all time low.  Parents can't discipline their children without threat from the system of child abuse.  Adults have forgotten how to discipline because we live in a very permissive society today where children are given a pat on the back for simply showing up.  Society is at fault, not the kids.

A teacher who doesn't demand and earn the respect of his/her students and is unable to control the classroom shouldn't be allowed in the classroom.  I say give the ruler back to the nuns.

Time for the PTA to show up and perhaps parents should be assigned days to sit in the classrooms and observe.   If one of my children had ever been so defiant in the classroom, I would have supported whatever  punishment was doled out, and my children knew where I stood on this issue, so there were never any problems.  Maybe we should take a closer look at this kid's parents.

Throw tenure out the window.  Just my opinion.

Obviously, there's no excuse for the actions of the police officers involved in body slamming a 12 year old or any of the actions that were reported regarding actual police officers and juveniles where violence was used. 

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