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Thu April 25, 2013
Court: Tell Students Of Rights Before Questioning
LOUISVILLE, Ky. -- A deeply divided Kentucky Supreme Court has ruled that school administrators and school resource officers cannot question students without first reading the student his rights.
The high court's decision Thursday came in a case from Nelson County. The court threw out a student's confession to bringing hydrocodone to school and sharing it with a classmate. Justice Mary Noble concluded the student was not informed of the possible criminal implications of speaking with an assistant principal and school resource officer until after admitting to the offense and being arrested.
The decision sets a bright-line rule for school officials pursuing both disciplinary action as well as possible criminal charges.
Justices Bill Cunningham and Daniel Venters dissented, finding the presence of a school resource officer doesn't turn questions from administrators into an interrogation.