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Article
Fifth Amendment Rights: Questioning Students
School Business Affairs
  • Charles J. Russo, University of Dayton
Document Type
Article
Publication Date
10-1-2013
Abstract

Because juveniles are increasingly subject to questioning about their potential involvement in what may constitute adult criminal activities, the role of law enforcement personnel, including police officers and school resource officers (SROs), in interrogating students is worth visiting.

This column examines early litigation on student Fifth Amendment rights and a more recent case, N.C. v. Commonwealth (2013), in which an assistant principal (AP) interviewed a student about giving prescription drugs to a peer. The questioning took place in the presence of a deputy sheriff who served as an SRO but because the AP did not read the student his Miranda warning, the court suppressed his statements. These cases serve as a backdrop against which recommendations for school leaders can be framed.

Inclusive pages
35-38
ISBN/ISSN
0036-651X
Document Version
Published Version
Comments

This document has been made available for download by permission of the publisher.

This article originally appeared in the October 2013 School Business Affairs magazine and is reprinted with permission of the Association of School Business Officials International (ASBO). The text herein does not necessarily represent the views or policies of ASBO International, and use of this imprint does not imply any endorsement or recognition by ASBO International and its officers or affiliates. Any additional re-purposing or reprint of this article in this or any other medium is restricted without prior written consent.

Permission documentation is on file.

Publisher
Association of School Business Officials
Place of Publication
Reston, VA
Citation Information
Charles J. Russo. "Fifth Amendment Rights: Questioning Students" School Business Affairs Vol. 79 Iss. 9 (2013)
Available at: http://works.bepress.com/charles_russo/80/