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Started By
Message
re: 13 year old student suspended, cuffed, arrested for being politically incorrect
Posted on 9/21/18 at 12:14 pm to Kentucker
Posted on 9/21/18 at 12:14 pm to Kentucker
quote:
I don't understand the rage towards the school
Are you serious? Did you read the article?
quote:
Only after the two hour inquisition did the school phone Keith’s parents to let them know he was being suspended. But before they did that, they called the police.
You would have no problem if a school held your kid under questioning for 2 hours and then called the police and had him arrested before ever notifing you?
You not only do not agree with but do not even understand why that is upsetting to parents?
1
Posted on 9/21/18 at 12:14 pm to Kentucker
quote:
What other options are available to the school administration than to remove him from the school and notify the parents and police?
they certainly cant question him for 2 hours without his parents.
that much is true.
quote:
The little girls and their parents will pay hell, though.
no they wont. You know better.
Posted on 9/21/18 at 12:15 pm to 50_Tiger
quote:
Sounds like he was detained and questioned over a serious allegation?
Yeah. No one is going to look kindly on detaining and questioning a minor for hours without attempting to notify his parents.
Posted on 9/21/18 at 12:16 pm to MoarKilometers
quote:
a school can't question a kid without a lawyer present???
About sexual assault? No, they shouldn’t. If they have mandatory reporter requirements then why are hey asking questions? Just call cops and parents.
Posted on 9/21/18 at 12:16 pm to the808bass
quote:
eah. No one is going to look kindly on detaining and questioning a minor for hours without attempting to notify his parents.
but he attempted to rape those girls..they said so!
Posted on 9/21/18 at 12:17 pm to Dawgfanman
Quick google search comes up with a different but similar case Commonwealth vs Snyder
quote:
“There is no authority requiring a school administrator not acting on behalf of law enforcement officials to furnish Miranda warnings. Even if we were to assume that, during the questioning in the principal’s office, the environment was coercive because Snyder was in custody (or because his freedom was significantly restricted) and that, therefore, Miranda warnings would be required if the questioning had been by the police (see Commonwealth v. Bryant,390 Mass. 729, 737 [1984]), Principal Day and Assistant Principal Canning were not law enforcement officials or agents of such officials. The Miranda rule does not apply to a private citizen or school administrator who is acting neither as an instrument of the police nor as an agent of the police pursuant to a scheme to elicit statements from the defendant by coercion or guile. See Commonwealth v. Allen,395 Mass. 448, 453-454 (1985); Commonwealth v. A Juvenile, supra at 278-279. The fact that the school administrators had every intention of turning the marihuana over to the police does not make them agents or instrumentalities of the police in questioning Snyder.”
Posted on 9/21/18 at 12:17 pm to HubbaBubba
What are the changes the girl and her family are transplants originally from California?
Posted on 9/21/18 at 12:19 pm to 50_Tiger
So looking at that case law I quoted, (The SCOTUS punted this apparently), the Administrators do not need to Miranda the kid, but police do.
Dawg is right. Tell your kids to not say shite until a parent or lawyer show up.
Dawg is right. Tell your kids to not say shite until a parent or lawyer show up.
Posted on 9/21/18 at 12:20 pm to 50_Tiger
quote:
The fact that the school administrators had every intention of turning the marihuana
In that case the administration had an actual crime and evidence? And no mention of how long did they hold the kid without any attempt to notify the parents? How is this comparable?
Posted on 9/21/18 at 12:21 pm to Nguyener
quote:
How is this comparable?
quote:
The Miranda rule does not apply to a private citizen or school administrator who is acting neither as an instrument of the police nor as an agent of the police pursuant to a scheme to elicit statements from the defendant by coercion or guile
Posted on 9/21/18 at 12:22 pm to MoarKilometers
This isn’t about Miranda. It’s about detaining him.
Posted on 9/21/18 at 12:22 pm to Nguyener
LINK /
I found this for Texas. I am not a lawyer though. I find it interesting that school admins have free reign essentially.
I found this for Texas. I am not a lawyer though. I find it interesting that school admins have free reign essentially.
quote:
A school principal is undisputedly an agent of the State of Texas. Yet the rules that apply to police officers interrogating your child do not apply to school principals. Even if the police officer detaiprincipalns your child and takes them to the principal, as long as the police officer leaves the room prior to the interrogation by the school principal, the rights granted to any person when interrogated by the police do not apply. In the Matter of V.P., 55 S.W.3d 25. This includes the right to an attorney and the right to remain silent. So even though the principal is an agent of the State, they are not law enforcement and the questioning by a school principal is not a custodial interrogation as it would have been had a police officer conducted the questioning of your child. So now school administrators and police officers are trained to have the principal take all statements or confessions from the child to avoid the constitutional protections afforded all persons when questioned by law enforcement. They will question your child, without notice to you, and anything your child says can be used against them in court. It is a sad day when our schools and law enforcement work together with the intent to deny our children their rights provided to them by both the U.S. and Texas Constitutions along with the Texas Family Code.
This post was edited on 9/21/18 at 12:23 pm
Posted on 9/21/18 at 12:24 pm to the808bass
quote:
This isn’t about Miranda. It’s about detaining him.
so the school has no right to question a student about an incident allegedly happening at a school event, involving another student? detaining him??? he was in the principal's office during school hours... or other kids just happened to show up at the time he was placed in the cop car.
Posted on 9/21/18 at 12:25 pm to MoarKilometers
Read my post above. In Texas, the school is actually not on your side.
Posted on 9/21/18 at 12:25 pm to 50_Tiger
Yep and anything they admit to the school admin can be used against them in court.
Posted on 9/21/18 at 12:25 pm to HubbaBubba
It would be very difficult for me as the father to not go up to that school and start kicking arse.
You used to be able to do that in this country, not so much anymore.
You used to be able to do that in this country, not so much anymore.
Posted on 9/21/18 at 12:26 pm to MoarKilometers
I will be honest with you I just did some quick research on this subject and the established precedent is unnerving to me. And it is well established.
Not only to school administrators have no obligation to follow any Miranda rules or call a parent or lawyer, even if requested by the student, but many states have laws specifically to indemnify school administrators from law suits stemming from interrogating students and not calling parents.
And further, anything the kid says to the administration can be used as evidence.
How did that become precedent?
That sounds like an extremely messed up circumventing of Due Process.
Not only to school administrators have no obligation to follow any Miranda rules or call a parent or lawyer, even if requested by the student, but many states have laws specifically to indemnify school administrators from law suits stemming from interrogating students and not calling parents.
And further, anything the kid says to the administration can be used as evidence.
How did that become precedent?
That sounds like an extremely messed up circumventing of Due Process.
This post was edited on 9/21/18 at 12:29 pm
Posted on 9/21/18 at 12:27 pm to Kentucker
You interrogate my child alone for two hours then we have a problem.
Also, this is what leftists are teaching. Vile
Also, this is what leftists are teaching. Vile
This post was edited on 9/21/18 at 12:29 pm
Posted on 9/21/18 at 12:28 pm to Nguyener
i'm not telling you i agree with it in any manner, just that it is.
Posted on 9/21/18 at 12:30 pm to Nguyener
quote:
That sounds like an extremely messed up circumventing of Due Process
That’s because it is...teach your kids that in the situations where they are being accused of ANYTHING the principal/teachers/cops anyone but you is not on their side. They are there to entrap and throw your kid in jail.
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