MADISON—The ACLU of Wisconsin and co-counsel from the ACLU’s national State Supreme Court Initiative filed an amicus brief Wednesday asking the Wisconsin Supreme Court to protect students' constitutional rights when police question them at school.
The case centers 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.
In the brief, the ACLU of WI argues that questioning a student in this manner violates the Wisconsin Constitution. The brief further urges the Court to decide this case under the Wisconsin Constitution, instead of or in addition to the U.S. Constitution, to fully protect Wisconsinites from eroding civil rights on the federal level.
Numerous courts in other states have ruled that questioning students in similar situations violated the students’ Fifth Amendment rights against self-incrimination, Fourteenth Amendment due process rights, and similar provisions in their state constitutions. It is time that the Wisconsin Supreme Court does the same.
“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.
“While these statistics are concerning on their own, the situation is particularly dire for Black and Brown children and children with disabilities,” said Bridget Lavender, Legal Fellow with the ACLU’s State Supreme Court Initiative. “The data confirms what many Wisconsin students and parents already know: these students are significantly overpoliced and punished more harshly at school.”
“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 ACLU of Wisconsin’s amicus brief asks the Wisconsin Supreme Court to reaffirm this fundamental principle and protect Wisconsin students across the state from coercive and unconstitutional police conduct.”
