Special Education Manifestation Review Arrest No Miranda Read

[dmraruba]

What is the name of your state? GA Cobb County
17 year old in public school, under IEP for ADHD, Explovise Disorder, got into a fight at school, he threw the first punch. Principle had him searched and placed in handcuff NO mirnada rights, Charged with Battery, County Sherriff arrived and transported to County Adult dentation center. NO Miranda Rights.
He is not in school at this time 2 days later, no suspension, must have Manifestation rewiew tomarrow afternoon. Administration wants 10 day out of schhol suspesion.
What are his rights
PLEASE HELP

 

[seniorjudge]

What is the name of your state? GA Cobb County
17 year old in public school, under IEP for ADHD, Explovise Disorder, got into a fight at school, he threw the first punch. Principle had him searched and placed in handcuff NO mirnada rights, Charged with Battery, County Sherriff arrived and transported to County Adult dentation center. NO Miranda Rights.
He is not in school at this time 2 days later, no suspension, must have Manifestation rewiew tomarrow afternoon. Administration wants 10 day out of schhol suspesion.
What are his rights
PLEASE HELP

He has the right to an attorney. If he cannot afford to hire an attorney, one will be appointed for him.

He has the right to remain silent. Anything he says may be used against him in a court of law.


BTW, Miranda warnings do not need to be given unless there is an interrogation (which, according to your post, there was not).

 

[dmraruba]

Thank you for your reply

He was questioned at scholl regarding the incident. Was told that if he did not cooperate they would add an additonal 10 day suspension.

 

[seniorjudge]

He was questioned at scholl regarding the incident. Was told that if he did not cooperate they would add an additonal 10 day suspension.

Okay. And what does that have to do with interrogation by the cops?

 

[dmraruba]

He was at the same time arrested, taken into custody and charged.

there are two things going on here:
1 - His rights under Special Education
2 - Battery Charges by the School, which are clearing under his Special Educaion

 

[CdwJava]

Miranda is something the police do - not the school. The school has a right to conduct an administrative investigation including telling the kid to write a statement. If the school turns that over to the police, then so be it.

And the police do not have to concern themselves with the IEP or his ADHD status ... he can still commit crimes. And having an IEP does not give one a license to commit criminal acts.

- Carl

 

[Two Bit]

I hate to say it, but there could be an issue with the statement under Georgia statute depending on the statement that he gave. Confessions, but not admissions, have to be given without the remotest fear of harm or promise of reward. I haven't read any case law on this that deals with a school administration. However, I think the way the case law looks for this statute, it wouldn't make a difference if the confession was gained by the police, school administrators, or any other private citizen. Mere admissions that do not amount to a full confession are not covered by this law.

Miranda is not an issue unless he was actually under arrest at the time he was told to give a statement. That seems unlikely. If he had his hands free to write a statement, then he wasn't under arrest at the time.

As Carl said, the IEP and all that stuff is totally irrelvant here. In Georgia, you're an adult when you turn 17. That means all the IEP non-sense that juvenile courts might look at are worthless. Now the issues are competencey and insanity. Most of the people in jail would be classified as ADHD, Explosive whatever etc. That's why we have jails, to protect us from people like that.

 

[Just Blue]

OP...Do you think that the other children at the school have the right to not be assaulted?

 

[dmraruba]

For Clarification

How often do you have to tell someone to leave you alone , how many times do you have to walk away? He did not just outright hit him. he turned around after the person was following him making unwanted and unacceptable comments. At which point he turned around and hit him.
It is not the first time that this person has aggravited students.

When the pulled my son from class they put him in a room, seached him and put him in handcuffs. He was not free to leave. At which point they questioned him.

My question, why did they not have to read him his rights?
Iam not saying what he did was justifed by all means. I just what to make sure that if the school policer and administration are going to enforce policies they do it correctly.
Thankyou

 

[Ohiogal]

How often do you have to tell someone to leave you alone , how many times do you have to walk away? He did not just outright hit him. he turned around after the person was following him making unwanted and unacceptable comments. At which point he turned around and hit him.
It is not the first time that this person has aggravited students.

When the pulled my son from class they put him in a room, seached him and put him in handcuffs. He was not free to leave. At which point they questioned him.

My question, why did they not have to read him his rights?
Iam not saying what he did was justifed by all means. I just what to make sure that if the school policer and administration are going to enforce policies they do it correctly.
Thankyou

How many times do you have to keep walking away? YOU KEEP WALKING constantly. There are other avenues to take. Report the student. File a complaint with the administration. You never take the first swing.
As for the way it was handled that has already been answered. Miranda does not have to be read for school officials to question your son. Your son broke school rules and he broke the law.

 

[Two Bit]

My question, why did they not have to read him his rights?

If the police questioned him once he was in custody, then they have to read him his rights. If the school admisnistration questioned him, Miranda doesn't apply.

Miranda only applies when the police question someone who has been arrested and is being questioned by the police in reference to the crime that they're charged with.

 

[rmet4nzkx]

What is the name of your state? GA Cobb County
17 year old in public school, under IEP for ADHD, Explovise Disorder, got into a fight at school, he threw the first punch. Principle had him searched and placed in handcuff NO mirnada rights, Charged with Battery, County Sherriff arrived and transported to County Adult dentation center. NO Miranda Rights.
He is not in school at this time 2 days later, no suspension, must have Manifestation rewiew tomarrow afternoon. Administration wants 10 day out of schhol suspesion.
What are his rights
PLEASE HELP

Criminal acts commited as a result of ADHD are not exceptions covered by ADA, the school is allowed to act as needed in order to protect the other children. The Police can take him into custody for his criminal acts. ADHD is not a get out of jail card so it is about time you learn that.