Miranda Violation of Student in School?

[jopach23]

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


This questions involves a high school student in TX. This student was allegedly in possession of prescription drugs at school. One was prescribed to him and the other to a member of his family. The process was done by the school district police and it involved school personnel, the principal. The kid is 18 and upon the police and principal finding these prescription drugs on him they wanted to question him. He realized it could easily turn into a criminal case. He informed the police he did not want to say anything and he wanted to remain silent and the student asked for a lawyer. Upon this the police and principal spoke privately and as a result the principal spoke with the student separately and told the student if he did not talk he would expel him from school, not allow him to participate in graduation ceremony, and possibly keep him from graduating. Basically the police and the principal threatened the student so the student felt compelled and forced to talk about the incident after he asserted his right to remain silent.

My question is what are the legal remedies for this student. Did the police violate his miranda rights when they conspired with the principal to threaten the student after he asserted his rights?

 

[mw1406]

Age

How old is the student?

 

[jopach23]

How old is the student?

the student is 18

 

[mw1406]

Miranda Warning

Well there is way too much ambiguity in the story you presented to know for certain how it all occurred especially since you were not even there to know the real facts. (or were you?)

Generally if an adult (TX- 17 or older) is found in violation of the law there is no need to question and no need to read them the Miranda Warning (or "rights). They are arrested and charged for the offense committed. A day in court will be forthcoming for a defense attorney to make an argument or whatever.

There is a common misconception that if you are arrested for a criminal offense that Miranda Warning (or rights) must be read to you or a get out of jail card is warranted. Sorry, doesn't work that way. In a lot of Possession of Controlled Substance cases, however, there is a need for an officer to attempt to investigate further which sometimes leads to questioning of a suspect.

I will generalize when Miranda Warning should be read to a person in custody since your story offers no first hand information on what actually occurred. If a person committed an offense and is "in custody" (or not free to leave) and an OFFICER (not the principal, parent) is going to conduct an interview of that person consisting of interrogating questions etc. then in that case Miranda Warning should be read prior to the interview beginning. The person is typically asked if they wish to make a statement after having been read all the rights. If they say no and ask for an attorney then the interview is concluded without further questioning BY THE OFFICER. The offender is then booked into jail for the offense without further questioning.

If the person decides to make a statement after having been read their rights, then yes it then can be used against them court.

I would suggest that you read the Miranda Warning word for word so you can understand exactly what each right states.

All prescription drugs must be in their prescription bottle with the label for the person carrying the drug/medication. If the school has a policy for how to administer prescribed medication it should be followed to the tee without exception.

I'm not a lawyer and I don't present myself as one. Take what you can from this and hopefully there is a lesson learned by this young adult.

 

[The Occultist]

The student can choose to remain silent and, should he be expelled, file an appeal over the expulsion. Do note, however, that the district can choose to expell without the same burden of proof that a court would need for a conviction, and that makes it all too possible that the expulsion would stand regardless.

 

[Mass_Shyster]

My question is what are the legal remedies for this student. Did the police violate his miranda rights when they conspired with the principal to threaten the student after he asserted his rights?

If the statements were not made voluntarily, his attorney should move to have the statements suppressed. This is only in relation to any pending criminal charges. The statements can be used by the school to expel him.

 

[CdwJava]

If it can be shown that the principal was acting as the agent of the police after the suspect invoked his rights, then his attorney can move to suppress any statements made after the invocation. However, he still has to contend with the possession offense even without his admission(s).