A Horlick High School teacher who questioned if a police officer had a warrant to remove a student from his class was found not guilty this week of obstruction.
Al Levie, a social studies teacher at Horlick, was given a $455 citation for asking about the warrant. Inv. Kevin Klinkhammer issued the citation. Officer John Hetland was also involved with the case.
Levie said the officer, who works at Horlick, came to his classroom on Nov. 17 to interview a student who, along with four or five friends, had surrounded and attempted to intimidate a police officer in a school hallway. Levie asked about the warrant and was told he'd be arrested if he refused to allow the student to be interviewed. Levie then stepped aside and the student left with the officer.
The student wasn't charged for his incident with police, but Klinkhammer returned the next day with the obstruction citation.
Levie challenged the citation in court on Wednesday and was found not guilty.
Judge Mark Nielsen dismissed the charges because Levie's question did not constitute obstruction. But Nielsen also made it clear officers are allowed to take students out of classrooms for investigations, and in a wider sense, are allowed to do their job without interference anywhere in the community.
"The lesson to take from this case is the police are always the police," Nielsen said Friday. "They have a duty to enforce the law in schools on the streets or in a theater. If they see a violation of the law, they're obligated to respond."
"If police say something, you have an obligation to comply," Nielsen said Friday.
Levie said the incident was the first time in his eight and half years as a teacher that an officer had taken a student out of class. If an officer shows up at his classroom again, Levie said he'd allow the officer to take a student without question.
But Levie, who is president of the teacher's union at Horlick, said he would start a discussion within Unified about the role of police in schools.
"This is an issue between the union and the administration," Levie said. "I'll have input into that issue."
He added teachers often take on roles of counselor, social worker and even parent while working with students. "We want to make sure students' rights are protected," he said.
"We as a district have to decide how we'll use police in the schools," Levie said.
glad someone tried to do what he thought was stand up for the childs rights with no parent or gaurdian present
ReplyDeleteThis Levie character sounds like a real trouble maker. Head of the union and likes to interfere with police investigations. A fine person to be educating today's youth and I'm sure a Unified All-Star employee!
ReplyDeleteThis is the same teacher who organizes kids to lobby in Madison for illegal immigrants rights. A real advocate for law breakers he is. He should be a public defender, not a teacher.
ReplyDeleteI appreciate Levie's concern for the student, regardless of the reason for the student's removal. Although the judge made it clear Levie shouldn't have questioned the officer, what kind of society do we have if we can't even ask questions? When students are in school, teachers have to be their advocates.
ReplyDeleteUnless the constitution is completely null and void you don't have to do anything a police officer tells you unless you are under arrest.
ReplyDeleteThis was the judge who was arrested for OWI.
ReplyDeleteThis decision doesn't surprise me one bit.
Not to mention he is a criminal defense atty. for some of the biggest thugs and crooks in this city.
Sounds like a HUGE conflict of interest to me.
ForProgress - I don't see the police coming to the schools and telling teachers how to do their job, so we don't need a teacher telling the police how to do their job. It was not his time or place to ask questions. If anyone should be questioning the actions of the police it should have been the building principal.
ReplyDeleteAnon 6:13 - They had a warrant. You don't need to be under arrest for them to come and question. A judge somewhere out there must have felt there was enough evidence to issue the warrant.
This is the biggest problem in society. We have an idiot kid who lacks respect for the law and we have even bigger idiots out there defending some radical teacher and questioning the actions of the police conducting an investigation.
If I work with youth and a police officer comes to speak with one of them, I should have the right to ask if they have a legal document indicating their legal right to do so. All the police officer has to do is produce the documentation. It's just that simple.
ReplyDeleteIt just struck me how those children involved (and probably most of those at Horlick) will now have even less respect for the law and those who enforce it than the little they already had. What a lesson to teach the students, eh?
ReplyDeleteyou people certainly have an agendy here.
ReplyDeletewhy dont you grow some b@lls instead of taking pot shots.
this teacher did nothing wrong and i'm glad he fought the ticket and won.
i think this officer needs to be removed from the school.
My take on this is the officer over extended his authority. Merely asking a question should not be grounds for obstruction. It appears the judge agreed with that.
ReplyDeleteThe bigger picture that should be on the minds of people are the public relations implications. Do we want a Rambo police department? Or do we want a smart law enforcement department dedicated to balance and integrity? I would vote for the smart cop. Let's hope this lack of judgment by that officer does not become a trend.
"If police say something, you have an obligation to comply," said the judge. How can that be true? Suppose a cop says something, and the consequence of following his order (perhaps unknown to the cop) would endanger others? In such case, a suggestion or question is entirely appropriate and certainly not illegal.
ReplyDeleteSome of you are really stupid which would explain why this city is in despair.
ReplyDeleteAn officer does NOT need a warrant to enter a Unified "classroom" to talk to a student about a crime.
Unified employs the police and Unified/taxpayers own the classroom/building.
How can you people be so dumb? Seriously.
Now if the officer wanted to search a locked locker for evidence, then maybe, just maybe he might have to get a search warrant.
This teacher sounds like a radical idiot.
Circuit court will get this case, it's not over.
It is clear that the officer should not have written the ticket. The officer should have taken the teacher to the side and explained the current rights and responsibilities of the teacher and himself in that situation.
ReplyDeleteThe officer made a real mistake. The teacher is responsible for the lives of the students in their class and in the building. If they simply handed over students to unfamiliar people every time they came to a classroom we all would be in trouble. I have been inside of a school with police officers. They do not wear police uniforms and I cannot say if the teachers are familiar with every officer in the building. Some of the police look disheveled while working in the schools: jeans, wrinkled clothes, and mismatched shirts.
I am friends with several Unified teachers and I have a child that attends a RUSD school. Most teachers that I have talked to seem to believe their is a need for some police presence. However, an officer who gives a ticket to a teacher who seems to have asked a clarifying question is a unjustifiable. He must not understand that the school is NOT the street; and teachers are not deputy police officers.
I am saddened to see that principals in our schools are not creating an environment in which teachers and other adults working in the building can understand each other where all can work to create a positive learning environment for students.
Regardless of whether the police officer needed to have a warrant or not - why should citizens not be able to ask and receive information? It doesn't appear that the teacher was telling the officer how to do his job - just asking a question. The bigger problem is when people (like many of those posting here) think it is a crime to ask an officer a question. As some bloggers correctly indicated, it is dangerous to think that law enforcement is an entity that should not be questioned. This is the kind of thinking that leads to sexual assault by men posing as police officers, or to some of the unfortunate incidents involving actual officers. The majority of officers are good people, but we have to be aware that we have the right to ask for i.d. or other clarifying questions.
ReplyDeleteI WANT the teachers to ask questions and check for warrant, etc etc when our children are in their care. To allow just anyone in a police uniform, deputy in disguise to walk in and take a student for questioning strikes me wrong. What if it is a young girl and someone posing as a law enforcement comes in to take her for questioning and well, just think about it.
ReplyDeleteI hope the cops pulled out of ALL OF UNIFIED and let the teachers get their *sses kicked a few times by the punks you are all defending.
ReplyDeleteThen you will all be crying for cops!! LMAO!
The only mistake that the cop made was that he wrote the teacher a ticket. He should have hauled him to jail and let him sit their for a while.
ReplyDeleteThis teacher is a tool!
ReplyDeleteThe cops posting here are jerks. They think the badge gives them the right to treat us all like criminals. We are not so used to being manhandled by police that we go into the fetal position whenever they appear. Maybe that would make them happy? The teacher is acting like a true American. They say they had a warrant. Then they must have needed it. Your job is to Serve and protect the people. Then produce the flipping warrant and serve the upstanding citizen whose classroom you have to interrupt. A smart officer would have worked with the teacher. Asking permission to speak with the student after the bell. The teacher and officer should have worked together. The Constitution and laws are there for a reason idiots. Because our forefathers had the future vision to protect us all from this abuse of power and tyranny. Produce the warrant, treat people with respect and you will get respect. And another thing we need to seriously look into the tazer usage by this force. They are abusing it.
ReplyDeleteGo sleep it off in another parking lot around the city. What a joke.
ReplyDeleteThe police didn't have, and didn't need a warrant. They could have explained that to Mr. Levie when he asked about a warrant. Instead, they threatened to arrest him and then issued a bogus ticket. They were reacting emotionally to kids taunting them in the hallway, and then took it out on a teacher who dared to question their authority.
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ReplyDeleteThose two officers acted like goons. They should be written up. We cannot and should not tolerate that sort of intimidation of our citizens. This time it was a teacher, what next time? me or you? They need to go back for training. Are there logs of tazer usage? They last police chief showed how safe they were. He was on a rubber matt and was held up by two officers with rubber gloves on. Yeah, that is so similar to how they taze the average citizen.
ReplyDeleteWhere do police get the idea that anyone who thinks they have rights given to them be the constitution is a radical? I am tired of being taken for a radical because I believe in our constitution. Welcome to China, question nothing obey the badge.
ReplyDeleteDear Unified:
ReplyDeletePlease fire all the officers who work in your schools.
What's that?? You don't have the stones to do it?? Didn't think so.
Send your kids to a private school - they do not require police officers in their schools and you don't have to put up with the likes of this of this union worker. Put him on an assembly line job.
ReplyDeleteGood idea, anonymous. I hope you find a private school that teaches kids the time-honored American values of keeping their mouths shut, obeying the police at all times, and never questioning authority.
ReplyDeleteThe kids in private schools aready know how to act and respect authority. That's why they don't need police patroling the school.
ReplyDeleteYeah why is it we need police in the schools? Oh yeah thats right because of the gangs. Now who would be responsible for the gangs in Racine? My mind is just so foggy, trying to remember...It was on the tip of my tongue....Darn.
ReplyDeleteWhy weren't these officers reprimanded. Why hasn't the JT covered this story? I am sick to death of this abuse of power. Serve and protect is the police only job. Not arrest and ticket and answer questions later.
ReplyDeleteFor everyone who knows Levie, knows why he asked for a warrant. His students are his children and he is an amazing teacher!! He showed his students to speak thier minds..Stand up for what they believe. Alot of people think it is wrong..and thats just because he is right!! How many people do you think there are in Unified..that care as much as he does??? I thank Mr. Levie, for showing me what power us young people have when we use it the right way!!
ReplyDeleteWell Well, how things get understated in the paper. It was not a simple question of do you have a warrant? It was Levie physically holding the student back and not allowing him out to the police. The police explained to Levie several times the reason they were there and after Levie was told several times that he was interfering with police, and if he didnt stop he would be arrested, Levie finally let the student leave. I was shocked the officers didnt arrest Levie, and thought they exercised good discretion in the incident.
ReplyDelete