ACLU of Wisconsin Applauds Wisconsin Supreme Court Decision Reaffirming Miranda Rights for School Students

MADISON— Last week, the Wisconsin Supreme Court ruled that law enforcement must read students their Miranda rights before conducting a custodial interrogation in a school setting.

The decision centers on a case in which a 12-year-old student was called to the principal’s office and questioned by a school resource officer while a fully uniformed and armed police officer stood by the door. The student, who had no prior experience with police, was subjected to confrontational and accusatory questioning and never read their Miranda rights.

The ACLU of Wisconsin and the ACLU’s State Supreme Court Initiative filed an amicus brief asserting that the student should have been read their Miranda rights if they were considered in custody, and their treatment during questioning led them to give a confession under duress. The student was later convicted.

In a split decision, the majority of justices agreed that the student was indeed in custody and therefore declared the statements the student made during the interrogation should have been deemed inadmissible. While the majority believed that this error was harmless in this particular case, and upheld the student’s conviction, the ruling nevertheless creates an important new standard to protect the rights of students in schools in the future.

Numerous courts in other states have ruled that questioning students in similar situations violated the students’ constitutionally-protected due process rights.

“The Supreme Court’s decision is a major victory for the due process rights of Wisconsin students,” said Ryan Cox, Legal Director at the ACLU of Wisconsin. “The ruling means that, in deciding whether a student must be read their Miranda rights during a police interrogation in a school setting, Wisconsin courts must consider the reasons why a child in the student’s position would feel coerced and not free to leave. This decision upholds students’ Fifth Amendment right to protect themselves against self-incrimination during encounters with law enforcement.

“Police are constitutionally-required to Mirandize adults held in custody who are under interrogation – and there’s no reason why that same standard should not apply to students in school settings. We all have rights when interacting with law enforcement – no matter where we are or how old we are – and we are grateful all seven justices on the Court recognize that those core constitutional protections are every bit as valid in schools as they are anywhere else.”

“Students retain their constitutional rights, including the right to remain silent and to seek the advice of counsel, when interacting with law enforcement, even in the school environment. Police are not exempt from their responsibilities to uphold the rights of a person simply because the student is a minor in a school environment,” Cox said.

“This important decision demonstrates the vital role that state courts play in protecting civil rights and civil liberties, including the rights of children subjected to coercive police interrogations at school,” said Matthew Segal, Co-Director of the ACLU’s State Supreme Court Initiative.