0ttre
2008-08-06, 07:38
1. Questioning by law enforcement officers is deemed “custodial” for Miranda purposes regardless of the location of the interview if the person being questioned has been deprived of freedom of action in any significant way.
2. To the extent that schools adopt parental notification policies, they must be flexible enough to take into account a variety of circumstances, including whether the proposed questioning relates to allegations of criminal activity by the student’s parent(s), whether the student is suspected of committing a crime or is a possible witness in a criminal investigation, and whether delay pending parental notification will jeopardize public safety.
3. Law enforcement officers serving a subpoena or search warrant have the right of immediate access to a student. School officials must comply with a law enforcement officer’s directive to refrain from informing a student that the student may consult his or her parents before answering the officer’s questions.
2. To the extent that schools adopt parental notification policies, they must be flexible enough to take into account a variety of circumstances, including whether the proposed questioning relates to allegations of criminal activity by the student’s parent(s), whether the student is suspected of committing a crime or is a possible witness in a criminal investigation, and whether delay pending parental notification will jeopardize public safety.
3. Law enforcement officers serving a subpoena or search warrant have the right of immediate access to a student. School officials must comply with a law enforcement officer’s directive to refrain from informing a student that the student may consult his or her parents before answering the officer’s questions.