KRC v. State: Miranda Rights During School Interrogations

We filed an amicus brief asking the Wisconsin Supreme Court to protect students' constitutional rights during police interrogations at school. The court agreed.

The case centered on a police interrogation of a 12-year-old student who was pulled out of class and brought to a school office, where a school resource officer questioned him. In contrast, a fully uniformed and armed police officer stood between him and the closed door. The student, who had no prior experience with the police, was subjected to confrontational and accusatory questioning and never read his Miranda rights.

The ACLU of Wisconsin and co-counsel from the ACLU’s national State Supreme Court Initiative filed an amicus brief arguing that questioning a student in this manner violates the Wisconsin Constitution and asking the Wisconsin Supreme Court to protect students' rights.

The Supreme Court’s decision is a major victory for the due process rights of Wisconsin students. 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.

“Far too often, children entangled in the criminal legal system are questioned without a parent or attorney present. As a result, they face criminal charges, prosecution, and incarceration without the fundamental due process rights that adults are entitled to,” said Ryan Cox, legal director of the ACLU of Wisconsin.

"Broad protections for school children interacting with law enforcement are especially vital in Wisconsin, where students encounter law enforcement while at school significantly more than the national average. Wisconsin schools refer students to the police at the fourth-highest rate in the nation. In the 2019-2020 school year, Wisconsin students were referred to the police while at school at 200% of the national rate,” Cox said.

“Students retain their constitutional rights, including the right to remain silent and seek 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. “The Wisconsin Supreme Court reaffirmed this fundamental principle and protect Wisconsin students across the state from coercive and unconstitutional police conduct.”