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    Speak Up! - View Question #477

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    Question: Can a school deputy take a statement without reading one's rights?

    Answer: The answer depends upon who takes the statement and why the statement is taken.

    A school principal or security officer often needs to take statements from students when investigating student misconduct and other incidents that occur at school. When the investigation conducted by a school official for school purposes, the official is not required to advise the student of his or her 'Miranda rights' (i.e., the right to remain silent, receive advice of legal counsel, etc.). When a student has become a suspect in a criminal investigation, a police officer (including a police officer assigned to a school as a 'school resource officer') must give the Miranda warning before asking the student to provide a statement.

    1 thru 5 of 8 comments    [ 1 ]  2    
    On 04/23/09
    Brandy from MD said:
    I am very harden by an incident that happened at my sons school (Edgewood High). He was suspended for misconduct for the 1st time. He is a good child. Never misbehaves. The principal told him off the back she believed the teacher and not him. She said she did not trust him. Why would you not have any faith in your kids, even when it comes time to discipline. He was also interrogated and coheresed into telling on another student. School officials are very dishonest now, the days of good administrators are gone. They did admit he was a good child after I spoke with them.
    On 02/10/08
    Latric from PA said:
    I have just went through the same thing with my son and his school. He had a fight that was caught on tape and it clearly showed the other kid was pushing him. The police was called and without me being there the officer was yelling in my son face and forcing him to answer questions. Well because i am majoring in Criminal Justice at this time i do know that when the school officials question them, they do not have to read them the rights. When a Police Officer question them, the answer is yes. They do. Children are humans and they are protected by the constitution also.
    On 03/09/04
    caren from CA said:
    my daughter was taped and questioned at school by police. with out me being called .then the poice officer made up his mind from my daughters confession and others that she sould be put on probation..she was neaver given her rights she felt she had to answer the questions no said she did not have to i think it was wrong by police and the school using a school setting pulling her out of class and into a office to queston her where could she go without being in trouble ?she could hang up. or go home without being in trouble for ditching school.
    On 11/20/03
    Jon from NY said:
    If it makes you feel any better, this is the same standard that applies to adults. The policy only have to read you your Miranda rights when you're a suspect in a crime; if they're merely asking people for information, no Miranda warning is necessary. Good that you're being sure of your rights in advance!
    On 05/05/03
    Alyson from CA said:
    It doesn't matter really what is fair or not because the age that we are now we should have reliezed that life isn't fair. And yes under-aged people do have rights but we also have to stay protected too. And we don't have to have our rights read to us everytime we do bad. We should know what is bad or good. And if you did something bad then just confess it was your own stupidity that you did what you did and you most likely should be punished for it.
    1 thru 5 of 8 comments    [ 1 ]  2    

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