What info can LEO share w/ schools?

[unbridled]

What is the name of your state (only U.S. law)? Montana

Hi all, I've lurked on this site, but this is my first post.

My question is how and when LEO can share information with schools. My son was issued a ticket that will make him inelligible for sports. The school was notified of this before he even had the juvinile court proceeding. This was done without notifying us. Is law enforcement able to do this?

I am extremely confident the ticket will be thrown out, as the officer did not find any evidence of posession or conduct any tests at all.

Also, can officers question minors without parents present?

I'm having difficulty finding answers on MCA.

Thanks!

BTW- I'm all for holding children accountable, but also hope that officers and other officials do their jobs properly.

 

[CdwJava]

It will take a little looking to find the law specifically for MT, but, as for interviewing a minor without a parent, absent some state law specifically prohibiting it (and I can't find any such law in MT) an officer can speak to a minor without their parent. Miranda rights would still apply, provided he was in custody and being interrogated, but it depends on the facts. As a note, about 9 out of 10 arrests will never involve Miranda rights.

As for sharing information with the school, that may depend on a number of factors. When did this offense occur? Did it occur on school grounds, at a school function, or on his way to or from the school? What was the nature of the offense? Was the citing officer the School Resource Officer?

For what offense was he cited? And why do you think it might get "thrown out?" Given your brief explanation, I suspect he was cited for something related to alcohol or drugs. If so, and the cite was for having consumed them, the officer's observations are likely sufficient. But, to know what the state must prove we will need to know the statute under which he was cited.

 

[OHRoadwarrior]

It may just be the info came out when the LEO was doing a background investigation with the school. It may also have been deemed a potential safety issue for the school.

 

[unbridled]

Sorry about the delay in replying. I've had some health issues.

Yes- The ticket was an MIP. It was thrown out because the officer based his report on statements from other minors. He blew .00, and a drug test was negative.

It was not on school grounds.

 

[CdwJava]

Sorry about the delay in replying. I've had some health issues.

Yes- The ticket was an MIP. It was thrown out because the officer based his report on statements from other minors. He blew .00, and a drug test was negative.

It was not on school grounds.

Possession does not require consumption ... unless, of course, he was charged with an offense that required consumption, and I doubt that. As such, it is possible to be charged solely on witness testimony. Apparently the local prosecutor opted not to do so presumably because the parents would be taking appropriate action to see that it does not occur again and/or that the child will get the appropriate counseling/discipline to address the issue. Or, it could be that the witnesses recanted, backpedaled, or were considered unreliable. We base reports, arrests and prosecutions on witness testimony every day, so the fact that the officer's citation might have been based on witness statements does not make it automatically invalid by any means.

In general, the schools may be privy to this information when it concerns a juvenile attending that school. Whether the school can act on this information in any meaningful way is a different question. If they have not sought to discipline him, then that may be the end of it.

Hopefully the child in question has been properly disciplined and appropriate monitoring will take place in the future. As a father of teenage boys (four) I have had to deal with the alcohol issue before - including a call from the police about one's presence at a party with alcohol. The LAST thing I was concerned with was whether the school found out or whether the police had any right to tell the school. Quite frankly, the principal knew about it before the weekend was out, anyway. Word travels fast.

 

[unbridled]

Oh, believe me, he got, and has, major consequences, simply for putting himself in a poor situation. More than any of the other kids involved. Community service, LONG grounding & no priviledges, etc.

The situation was a party in a duplex style apartment. (the same family has both units) The officers smelled marijuana in one side, and decided to charge everyone on both sides. Two minors basically started listing everyone there.

The officer allowed him to blow, which resulted in .00, I pee tested him at home, and had the hospital do another UA the next day. All negative.

I guess my major gripe is the "guilty until proven innocent" mentality of Youth Court, especially when sharing info with schools (i.e. eligibility.) Something to take up with school administration, I guess.

I take this very seriously. I've been a youth counsellor and D.I. for at-risk youth.

 

[OHRoadwarrior]

If it is any consolation unbridled, when I was younger, the local police always used to send backup, in any situation my name was mentioned. I hung with some pretty rough characters as a youth.