Brief Amicus Curiae of the American Civil Liberties Union in Support of Petitioner
Catherine Y. Kim
Dennis D. Parker
Courtney A. Bowie
Steven R. Shapiro
SummaryOriginal

Summary

Increased police presence in school calls for adding the school setting as an additional factor to be considered in determining custody and applying Miranda because students are not free agents in school.

2010 | Federal Juristiction

Brief Amicus Curiae of the American Civil Liberties Union in Support of Petitioner

Keywords Miranda custody analysis; age; police officers; Miranda warning; custodial interrogation; involuntary confessions; school; students; free agents; police presence in schools
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Summary of Argument

This case is not about whether school principals may question students about school misconduct. Nor is it about precautionary measures taken to maintain order and safety in our public schools. Rather, this case is limited to examining the role of police officers in public schools enforcing criminal laws; an interaction that now occurs on a regular basis in public schools across the nation. Recognizing that custodial interrogation is inherently coercive, this Court held in Miranda v. Arizona that the Fifth Amendment privilege against self-incrimination requires police to inform suspects of their rights before engaging in custodial interrogation. This Court has also held in Miranda and subsequent cases that the question of whether a suspect is in custody, and thus entitled to Miranda warnings, turns on an objective evaluation of the totality of the circumstances.

Amici agree with petitioner that the age of a juvenile suspect is an appropriate factor to consider under Miranda in deciding whether a reasonable person in similar circumstances would feel free to leave the room and end the interrogation. However, we do not repeat that argument at length here. Instead, this brief focuses on a related point. The school setting itself is an additional factor that should be considered in determining custody and applying Miranda. Students are not free agents in school. They are not free to leave their classrooms, they are not free to leave the principal’s office, and there is no reason for a child to believe that he or she is free to leave a police interrogation conducted in school as part of a law enforcement investigation.

Having litigated and conducted extensive research on issues relating to law enforcement in public schools, we respectfully submit this brief to draw the Court’s attention to the increasing prevalence of police in schools, the criminalization of student behavior that was previously treated as a school discipline problem, and the importance of safeguarding the Miranda rights of children who are subject to police interrogations in school that can and often do lead to criminal arrests.

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Summary of Argument

The presence of police officers in public schools has become increasingly prevalent, raising concerns about the enforcement of criminal laws in educational settings. This article examines the application of Miranda rights in school interrogations, arguing that the unique characteristics of the school environment should be considered in determining custody.

Miranda Rights and Custodial Interrogation

In Miranda v. Arizona, the Supreme Court held that the Fifth Amendment privilege against self-incrimination requires police officers to inform suspects of their rights before custodial interrogation. Custody is determined objectively based on the totality of the circumstances, with a focus on whether a reasonable person would feel free to leave.

The School Setting as a Custodial Environment

The article contends that the school setting itself creates a custodial environment for students. Unlike adults, students are not free to leave school or their classrooms without permission. This lack of autonomy, combined with the presence of police officers conducting a criminal investigation, can reasonably lead a child to believe that they are not free to leave the interrogation.

Implications for Miranda Rights

The authors argue that the custodial nature of the school setting should be considered in applying Miranda rights. They emphasize the importance of safeguarding the rights of children who are subject to police interrogations in schools, as these interrogations often lead to criminal arrests.

Conclusion

The article highlights the increasing prevalence of police in schools and the criminalization of student behavior. It advocates for a careful consideration of the school setting in determining custody for Miranda purposes, ensuring that the rights of children are protected in the context of school-based police interrogations.

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Summary of Argument

This case examines the role of police in schools and their obligation to inform students of their Miranda rights during interrogations. Miranda warnings are required when a person is in custody, meaning they are not free to leave.

The Importance of Considering Age and School Setting

The age of the student and the school setting should be considered when determining if they are in custody. Students are not free to leave school or the principal's office, and they may not realize they can end a police interrogation.

The Impact of Police in Schools

Police presence in schools has increased, leading to the criminalization of behaviors that were once handled as school discipline issues. It is crucial to protect the Miranda rights of students who are interrogated by police in schools, as these interrogations can lead to arrests.

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Summary of Argument

You know that police can't just arrest you without a reason. But did you know that they also have to tell you your rights before questioning you if they think you're not free to leave? This is called the Miranda warning.

What Makes Questioning Different in School?

In school, you're not as free as you are outside. You can't just walk out of class or the principal's office whenever you want. So, if a police officer questions you at school, it's more likely that you'll feel like you can't leave.

Why This Matters

More and more police are working in schools. They're often called in for things that used to be handled by teachers or principals, like fights or drug use. This means that students are more likely to be arrested for things that they might have just gotten in trouble for at school before.

It's important to know your rights if you're questioned by police at school. Remember, they have to tell you your Miranda rights if they think you're not free to leave. This includes the right to remain silent and the right to have an attorney present.

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Summary of Argument

This isn't about whether principals can ask students about bad behavior at school. It's about police officers in schools asking questions about crimes. Police have to tell people their rights before asking questions if they think the person might be guilty.

Kids are different from adults, and being in school is different from being other places. Kids can't just leave school whenever they want. They have to do what the principal says. So, if a police officer questions a kid at school, the kid might feel like they can't leave, even if the officer doesn't say so.

We think it's important to make sure kids know their rights when police question them at school. They might not realize they can say no or ask for a lawyer.

Police are in schools more often now, and they're arresting kids for things that used to be handled by the school. We want to make sure kids are protected and know their rights.

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Footnotes and Citation

Cite

Brief Amicus Curiae of the American Civil Liberties Union in Support of Petitioner, J.D.B. v. State of North Carolina, No. 09-11121 (U.S. Dec. 23, 2010).

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