Sandyintexas said:
Yes.
Maybe I am not making this clear enough.
"In regard to Miranda rights, Pennsylvania law makes it clear that Miranda rights do not attach, and warnings are not required, when school authorities detain and question a student about conduct that violates school rules. In re S.K., 436 Pa.Super. 370,647 A.2d 952, 955n.3 (1994). "
My son talked to "school officials, the principle & counselor"...I understand the rules (laws) pertaining to that situation and am not refering to that incident.
I'm asking about the officers failure to have someone (school offical or parent) present when questioning a 10 yr. old. It is my understanding (could be wrong) that while at school the authorities act as custodian to the students and one of them should have been present during questioning.
Again, this is Texas, and laws may differ.
Thank you.
Listen, quit playing games. I gave you a LINK to read. That was TEXAS case law. No wonder your kid is in trouble if you can follow simple directions.
O.k. Here is the spoonfed variety.
When working as security guards, the off-duty police officers still have peace officer status, and the police department emphasizes that the officers are not on campus to enforce school rules as a hall monitor would. When working as security guards:
Officers can issue citations to students observed committing a Class "C" misdemeanor. The officers also can issue citations if a teacher or an administrator observes a violation and wants the student cited, provided the teacher or administrator is willing to sign a complaint and testify in court.
Officers have the authority to arrest students if they believe there is probable cause to make an arrest. If the officer chooses to make an arrest, school administrators cannot debate or veto the action.
Officers are not in schools to enforce school policy or act as hall monitors, but are there to "maintain the peace and enforce state and local laws." Officers enforce statutes of the Texas Education Code that carry misdemeanor penalties, such as disruption of classes, trespassing on school grounds, or possession of a pager or other electronic communication device.
Officers have the authority to investigate if there are indications that a student has been physically or sexually abused either on or off school grounds.
Officers may be present and listen to an administrator question a student about any suspected violation of law without providing a Miranda warning, and use any information obtained in a criminal case as long as the officer does not participate in the questioning. However, if the officer questions a student about possible violations of criminal law, a Miranda warning is required.
Officers cannot randomly or selectively search student lockers at the will of a school administrator. The administrator must have "reasonable cause or suspicion" to believe that a locker contains contraband before conducting a search and may ask an officer to assist in the search. The standard of "reasonable cause or suspicion" is not as stringent as the probable cause an officer otherwise would need to have to conduct a locker search, and administrator must take full legal responsibility for the search even if assisted by an officer.
Officers are allowed to collect "intelligence information" on any possible criminal behavior while on duty as security guards.
(used spell check, with hopes of getting past the spelling errors and on with the subject)