Search & Suspend

When an Arcata High junior wore this shirt to school one day, administrators brought down the hammer

(Jan. 20, 2011)  On the morning of Feb. 22, 2010, Carlos Espinosa, a junior at Arcata High, was just getting ready to start his second period class when his teacher asked to have a word with him. The sweatshirt he was wearing, she asked — did he really think that was appropriate?

The shirt was a stoner’s spoof of a Nike ad. It transmogrified the company’s “swoosh” logo into a pipe, and mashed up Nike’s slogan with marijuana numerology. “4/21: Just Did It,” it read. A friend had given Carlos the shirt for his birthday. He thought it was funny. But when the teacher raised an eyebrow over it that morning, Carlos took it off with no fuss. He pulled off the shirt, went out to the parking lot, stashed it in his car and went back to class.

Carlos Espinosa PHOTO BY BOB DORAN
GALLERY >

He wasn’t the type to make a fuss; he had no disciplinary record at the school. After second period was over, though, Carlos was summoned to the office of Kevin Kleckner, Arcata High’s Dean of Students. Kleckner asked to see the shirt. They went out to the car together. Carlos retrieved the shirt and showed it to him. Kleckner then said that he was going to search the car.

Carlos had his own car, but this was not it. His mother, Gina Espinosa, had just bought a car a few days earlier, and that day she let her son drive it to school. Carlos later said that he did not consent to letting Kleckner search the car. “I told him no, you can’t do that,” he said. But Kleckner proceeded with the search, and eventually found a small pill bottle containing two Valium and a small nugget of marijuana.

Carlos protested his innocence, and tried to explain the circumstances to Kleckner. The dean wasn’t having any of it. “I said, ‘That’s not mine, I don’t know whose it is,’” he recalled in an interview last month. “He just laughed at me and was like, ‘Sure, everybody says that.’” Carlos pulled out his cell phone and tried to call his mother. Kleckner stopped him.

Kleckner called the on-campus police officer, who cited Carlos for possession of the drugs. Then Carlos was told that he was suspended for five days. At that point, he could call his mother — to come pick him up from school and take him home.

Months later, Carlos still had hurt feelings over the experience. “I didn’t know what was happening,” he said. “I got suspended for nothing that I’d done wrong.”

And it would have been more than a simple suspension, but for the fact that Gina Espinosa contacted an attorney soon after getting home with her child. At Arcata High, drug offenses are grounds for expulsion. The customary thing is for a student to be technically expelled from school, then readmitted on a “suspended expulsion” contract that restricts the student’s behavior in school — no leaving campus at lunch time, etc. But to sign such a contract is to admit guilt, and Carlos Espinosa maintained that he was not guilty.

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38 Comments

Comment / By Brennan / Jan. 20, 8:14 a.m.

Geri Wood has been Arcata High’s assistant principal for under two years, not over eight! Otherwise a well put together piece, NHUHSD should have seen this coming miles away due to their shameful history of eccentrically facist administrators misstepping and abusing power on the daily… Have fun in court!

Comment / By Nate Downey / Jan. 20, 9:54 a.m.

Seems that if the attorney for the district wanted to go with such a literal interpretation of the sweatshirt, the student was only smoking after 4:20 pm, in which case he wouldn’t be at school.

Comment / By Sammy / Jan. 20, 11:58 a.m.

Let us not ignore who will have to pay for this fiasco - us. Our tax money will pay to defend the school for this blatant misuse of authority. Their mistake - our misfortune.

Here’s an idea - let the costs for the lawsuit be subtracted from money the school is due to get from the bond we just passed. Explain to the students and their parents that, sorry, Arcata High School won’t get the upgraded facilities they were promised. Instead, funds will go to defend the stupidity of school staff. I know this won’t happen, but I want to see some accountability on their part.

If a teenage student is expected to exercise good judgment when dressing for school, and is denied basic constitutional rights if he should dress wrong, then well-paid school employees must also demonstrate good judgment. If they make a mistake, they should take the blame and have to pay for it. Not us.

Arcata High School owes a public apology to the Espinosas and the community for their stupid, expensive actions.

Comment / By Mara / Jan. 20, 12:11 p.m.

It seems both schools in the district have staff/teachers who do not respect the civil rights of students.

It’s time for the school board to clamp down on administrators who don’t administrate and teachers who act more like dictators than instructors.

Comment / By Jonathan / Jan. 20, 12:43 p.m.

er… possession of vallium without a prescription is a felony… she just admited to its possession… um… ya…. never mind… this is about a kids shirt and freedom of speech and unreasonable search and seizure…

Comment / By Brian Sorgatz / Jan. 20, 2:04 p.m.

As a youth rights activist, I cheer your placement of Espinosa’s story on the cover of your Jan. 20 issue. Although I didn’t know of his particular case before reading the article, I find it typically outrageous in showing bureaucratic disregard for a young adult’s constitutional rights. The trend in the United States over the past century or so has been to extend childhood well past puberty through measures such as compulsory high school attendance. Far from representing true progress, the trend has become a nightmare for many generations of American teens. Their hormones are said to make them hopelessly irresponsible and in need of micromanagement by their elders. But as with the war on drugs, policies and problems must be examined carefully to distinguish causes from effects. Do illegal drugs inevitably cause crime and sickness, or are these largely the unintended consequences of drug prohibition in the first place? Likewise, the notorious recklessness of the teenage years should be considered mainly a consequence of policies that infantilize them. When teenagers get drunk, steal, have unsafe sex, or bully one another, let’s not forget that they are forced into schools that treat them like products on an assembly line. They are pointlessly, rigidly segregated by age, which alienates and humiliates those who learn slower or faster than the statistical average. Curricula and schedules are forcibly imposed on them by unionized government workers—for whom the customer is always wrong. Why is the Soviet-style repression of the typical American school rationalized as the cornerstone of democracy? Maybe I’m cynical, but I have to think it’s because misery loves company.

Comment / By Lodgepole / Jan. 20, 2:39 p.m.

“I got suspended for nothing that I”d done wrong.” Son you brought this on yourself. Luckily for you your enabler mom can afford a lawyer. Don’t be so goddamned stupid next time.

Comment / By RT / Jan. 20, 2:47 p.m.

I kind of have to agree with Lodgepole. Also very interesting that the mom confesses to illegal possession of vallium. Any follow-up on that? Finally, about 100 kids suspended in a single year? That’s more than 10% of the school’s student population, seems pretty high (no pun intended!) to me.

Comment / By um… / Jan. 20, 3:07 p.m.

jonathan, lodgepole and rt would rather blame the innocent victim of a 100% illegal search.

Comment / By Jaded in Cali / Jan. 20, 4:14 p.m.

The search may not be all that illegal. There is a provision in the law that allows schools to post school property, including parking lots, with signs that say, “All vehicles that enter this property may be searched at any time.” With that notice, school officials do not need probable cause, however flimsy, for a search. The question is, does Arcata High have the property posted? Otherwise, the whole thing is bogus. In any case, the disciplinary action should have been dropped as soon as his mother admitted the drugs were hers.

Comment / By Sammy / Jan. 20, 6:47 p.m.

There is no such sign in the AHS parking lot. This is a clear case of a school staff person acting in a completely illegal way.

A message on a sweatshirt is not probable cause to search private property. Lodgepole’s comments on other blogs show he is an advocate of unlimited private property rights. Now he condones unwarranted searches. Right.

Well, it wasn’t HIS property, so it’s OK. Just some kid wearing a sweatshirt with a funny, pot-related message. OMG!!! Call in the thought police. Maybe he should have been beaten in addition to expelled from school.

Expelled not for actions. Not for actually smoking or dealing pot. Not for ANYTHING illegal. Expelled because some ignorant school employee felt he was entitled to be a dictator with no responsibility to be law abiding.

In this case, I suggest Zero tolerance for zero intelligence. Make the over zealous bureaucrat personally pay for his mistake. Why let the jerk run back to Illinois to evade consequences of his actions.

Comment / By Lodgepole / Jan. 20, 7:52 p.m.

“Lodgepole’s comments on other blogs show he is an advocate of unlimited private property rights.” Show me one comment that backs up your conclusion.

“Just some kid wearing a sweatshirt with a funny, pot-related message.” That’s about the dumbest pot-related message I’ve ever seen.

Comment / By bill / Jan. 21, 6:13 a.m.

Great job AHS!Please remember that this article and other like it in this publication are one sided. The school can’t tell you specific facts related to a minor, come on, get real. You have no idea what really took place. Mr. Martin, you look for loop holes in everything. You and other lawyers make a good living off of dope growing parents getting their kid off on stuff like this. Don’t bring dope to school, pretty easy point! All our schools have major drug problems, pills especially and schools need to step it up and get the drugs out of school. Kid, admit you had pot and pills, pay your time and move on, stop wasting everyone’s time. Mom, if you left drugs in your car and had your kid drive to school in the car, you should be arrested.

Comment / By jarjar / Jan. 21, 7:48 a.m.

This kind of thing happens every day, all over America, and the parents who think they can fight such a case always lose. Such searches are conducted every day at every local high school here. They search lockers at random, backpacks, walk K-9 units down the hallways, etc. The school resource officers constantly check kids for signs of being under the influence. Bottom line, if it’s on school property, it can be searched without probable cause. Don’t like that law, either change it or don’t use public schools. Let’s look at the info the NCJ gave us: kid’s friends give him drug shirts. Mom hands over keys to a new car only days after buying it. Lets kid wear drug shirt to school while driving new car. Either mom or kid leave their stash in car. Both are revealed as being drug users. Doesn’t sound so innocent to me. Besides, this is AHS, where drug use is practically a taught class. Bottom line, give the kid an “official” drug test, including hair follicle test. If he passes, drop all school charges and hit mom with child endangerment as well as the possession charges. If he fails, suspend and hit mom with charges anyway. WFT does a teenager need with pot and valium anyway? Those are the tools of a date-raper in the making…

Comment / By Marie / Jan. 21, 8:16 a.m.

Remember that all things are not as they appear, especially regarding law, politics and the media. Let the situation play out and judge not for you may be judged. AHS, and Kevin K. has a history of pushing out kids they find undesirable.

Comment / By Sammy / Jan. 21, 9:11 a.m.

JarJar, thanks for showing us the mentality behind this illegal search.

Test hair follicles? For marijuana use? How much will that cost? Please, calm down. You are hysterical. Try some valium.

In your last sentence, you practically accuse the kid of being a date raper! Your assertions and opinions are offensive and steeped in ignorance.

Comment / By Nicholas Karavatos / Jan. 21, 11:27 a.m.

Carlos’ shirt did something far more sinister than allegedly promote drug use. It critiqued capitalism by deconstructing brand identity.

Comment / By tim / Jan. 21, 12:02 p.m.

I’m glad I don’t live in a community that has marijuana cultivation and use “part of its culture.” I’m glad my children don’t attend a school that cultivates a marijuana culture. I totally support AHS’s action taken in this situation. Why, heck, those kids are so addle brained they can’t get eleven boys who can pass a drug test and play football together!

Comment / By Seriously? / Jan. 21, 6:34 p.m.

Jar Jar, Naboo misses you. Please return to your home planet.

Comment / By bill / Jan. 22, 8:22 a.m.

Probably cause is clear in this case! take your punishment and move on you dumb kid.

Comment / By bob / Jan. 22, 8:36 a.m.

Jaded in Cali get a clue dude. Most parents today are so lame, they will tell school officials that all the drugs are theirs, they also call the school and lie to say the kid had a dentist appointment when in reality they cut class. Parents lie for kids so they stay out of trouble all the time. That is why dumb kids like this bring pop and pills to school, they have a false sense of security that mommy will get them out of any trouble. These parents whine to the soccer coach about playing time, they say the teacher is picking on the kid when in reality the kid won’t shut up in class and is a rude little boy. Get a clue all you people complaining about illegal search of the car! He brought drugs to school, bottom line, bust his butt and get his mother out of the picture and do what is right. Do we really wnat kids to bring drugs to school? NO! Mr. Martin, stop protecting lawbreaking kids, it just makes the other kids bolder and bolder. DO you people have any idea how big the pill problem is at our local schools? it is insane how many kids are selling and buying pills, and vicadin is about the weakest one out there. So all you people complaining about how illegal this search was and that it violated his rights must be in favor of drugs on campus. People’s rights vs what is RIGHT. What is RIGHT is to make it known that we do not want this on our schools.

Comment / By Epicus Doomicus / Jan. 22, 9:44 a.m.

It’s great to know that Arcata High’s policies on students’ behavior and discipline has not changed since I attended the institution fifteen years ago. In fact I’d go as far to say that it has gotten even more restrictive and militaristic. They have an on-site cop?! You’re better sending your children to a boarding school apparently. I always felt that I was going to “prison” every day at this school, as supposedly it was one of the best in the area. This incident reflects the reason why my mother and I refused to sign a “contract” and enrolled into Pacific Coast High School (aka “Continuation”). I got out of school soon after, got a job, and my GED all a year prior to my constituents… And to think we just passed a bond measure to help “improve” the district last election? What about improving the school’s ability to address the real problems with students?

Comment / By Anonymous / Jan. 22, 8:31 p.m.

Drug use is rampant & escalating. It is the scourage of our society & why our country is in rapid decline.

This is more than just a sweater. The kid or his enabler mother had illegal possession of pills and pot. Shame on this brain dead mother for giving her son excuses like that.

Comment / By vigil / Jan. 23, 10:46 a.m.

Bob, please explain the dichotomy you assert:

“People’s rights vs what is RIGHT.”

I’m interested to see how you would expand this. Do you believe in our constitution? Do you believe in any legal rights for citizens of this country? Do you believe in property rights?

It sounds like you do not.

According to you, each of us should decide what is RIGHT and ignore the constitution.. We should act on what we believe is RIGHT, regardless of the law.

I think I’ll start living by “Bob’s rule” now. Bob, let’s start with your home and possessions. You drive a gas guzzler? That is wrong. So to make it RIGHT, we’ll just drive the guzzler over a cliff. There. One more problem solved, Bob style.

Comment / By Mr. Spootaramus / Jan. 23, 2:41 p.m.

Single page or GTFO.
Please.

Comment / By yojersey / Jan. 23, 4:49 p.m.

ah yes, idiot problems. i hate those!

Comment / By Bill Smithers / Jan. 24, 8:55 a.m.

So, it is a crock that a kid should feel at liberty to where a shirt blatantly advertising the use of marijuana. I am a 215 advocate but one that believes if we are to decriminalize the use of marijuana then maybe the users should cease to act like criminals. At 35 I can remember the dress codes that were enforced in my hometown of Los Angeles. It became an issue of common sense that certain items of clothing are inappropriate. In the respects of other kids ideals and way of life we must exhibit discretion and parents need to check up on there kids

Comment / By kym / Jan. 24, 10:09 a.m.

Do we as a society accept that kids have a right to political opinions? Most reasonable people would agree they have that right.

If we agree they have that right, whether marijuana should be illegal is an opinion that they have a right to express. (In fact a school should foster discussion on issues that matter to students—As a teacher, I think of the lost teaching moment here with sadness.) A t-shirt is a frequent place to display political opinions. Ergo, why shouldn’t a kid display a pro marijuana message on shirt?

This kid even took off his shirt when requested to do so. Why should his vehicle have been searched?

The finding of the drugs resulted from a decision to disregard a student’s right to a political opinion. Thus, the drugs should not be a factor in any further discussion. A society which refuses to allow students the free expression of ideas can not expect to remain truly democratic for long.

Comment / By Visitor / Jan. 25, 8:47 a.m.

The kid changed shirts willingly; this should have ended it. The admin person decided to be a dick and found (by going the extra mile) next to nothing, but is using it to harm the kid’s scholastic career at its early stages. We’re paying to have this happen. The dope in this is the adult who is squandering AHS resources for a dumbass reason. Get the admin person some counseling on a wise use of financial resources and helping kids be successful (also, put him on unpaid one-0week suspension); and leave the kid alone and give him a chance to grow up.

Comment / By bob / Jan. 25, 8:33 p.m.

duh dude, not all laws are the right thing to do.

Comment / By General Fadi Basem / Jan. 26, 9:29 p.m.

I agree with Mr. Spootaramus. Just like I did yesterday.

Comment / By Hank Sims / Jan. 26, 9:38 p.m.

General Basem:

Sorry, I think I may have accidentally deleted your previous comment in a spam purge.

Apologies, and thanks for reposting.

Comment / By Sam / Jan. 28, 4:52 p.m.

So let’s switch things around a little. His shirt say “KKK” on it, maybe a swastika underneath. And inside his car, a handgun left stashed there “by his mother.”

Is the kid accountable for the car being under his care, custody and control? is momma gonna come bail him out of his jam?

Public officials in quasi-parental relationships with minors — like school personnel — do not need to have probable cause to temporarily detain and search minors. (Pasted from NOLO law website)

Comment / By george kirkpatrick / Feb. 2, 6:34 p.m.

Dear people; I went to the Arcata Pool and outside stood a well mannered gentleman hold a sign “High Schools are Prisons” It seems someone complained and he has been visited by the Police twice. Once to discourage his efforts to tell the truth as he sees it. Is this related to the fascist school administration, I dunno. Quacks like a duck? Is is open season for the “control freaks?

Comment / By visitor / Feb. 4, 10:07 p.m.

Does anyone no where the shirt was bought at because i personaly thought it was pretty funny

Comment / By Arcata Mom / Feb. 7, 4:56 a.m.

Kids naturally want to test boundaries and see where the limits are. Carlos most likely wore the shirt to be funny and to see if he could get away with it. He took it off when asked and that should have been the end of the story. The car search was permissable because it was on school grounds - and yes AHS should have signs posted stating that cars may be searched at any time. We don’t know many factors and should not be so quick to judge this family. If Ms. Espinosa has a 215 card she is legally allowed to have (herbal) medication in her car. She is right to protect her son from unjust laws in a zero tolerance system. I am glad there are attorneys like Peter Martin who will take on the system to fight for our student’s constitutional rights. The comments insinuating that Carlos is/would be a date rapist are offensive, disgusting and ridiculous. He is just a kid. My daughter attends AHS and is saddened to see her peer go through this mess.

Comment / By ALAS / Feb. 15, 2:54 p.m.

“Who can condone wearing that sweatshirt during a drug-epidemic”?

Had he worn one emphasizing how he’d just pawned his guitar or cashed his paycheck at usurious interest rates; just rented a TV and furniture at 10 times the cost to buy; was just scalped by a job-search and rental agency, just had his belongings auctioned by the storage unit company; just had his family-home foreclosed due to a family illness; was just bailed out of our debtor’s jails…etc, etc, etc,

Everyone would begin to understand why his mother kept Valiums with her pot….and the HS president would have offered him a cigarette and whiskey.

Comment / By Friend of yours / Today, 12:55 p.m.

This case goes to trial at the end of Jan. Maybe the family can end the ordeal and move on. Students have rights and justice needs to prevail.

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