Miranda Warning Required For Kentucky Students

You hear Miranda warnings given by police officers on television, but will your children now hear them given in school?

The Kentucky Supreme Court has ruled that students must be read their Miranda warning if they are questioned by school officials when a school’s safety officer is present if the questioning could result in criminal charges.

The ruling surrounds a case from Nelson County.

In 2009, a student was questioned by the Nelson County High School assistant principal and school resource officer after a teacher found an empty prescription bottle with his name on it.

The student allegedly admitted he gave two pills to a friend and was convicted of illegally dispensing a controlled substance.

The case is now getting a second look.

The Supreme Court decided the student was “in custody”, and therefore, should have received his Miranda warnings.

Opponents of the decision say the ruling will take power away from schools when disciplining and create an added burden for school administrators.

Those in favor of the ruling say it only ensures that students have the same Constitutional rights inside school that they have everywhere else.

If a petition is not filed for a re-hearing, the Court’s ruling becomes final on May 16.