Miranda rights http://wfpl.org en Kentucky AG Ask U.S. Supreme Court to Consider School Miranda Rights Case http://wfpl.org/post/kentucky-ag-ask-us-supreme-court-consider-school-miranda-rights-case <p>The Kentucky attorney general's office has asked the U.S. Supreme Court to consider a case involving whether students must be informed of their rights before being questioned at school.</p><p>Attorney General Jack Conway asked the justices Tuesday to overturn a Kentucky Supreme Court decision from April. In that case from Nelson County, the state justices concluded that students must be informed of their legal rights — including the right to remain silent — before being questioned by school administrators working with police or school resource officers.</p> Wed, 24 Jul 2013 20:53:08 +0000 Associated Press 6232 at http://wfpl.org Kentucky AG Ask U.S. Supreme Court to Consider School Miranda Rights Case Legal Debate Over Boston Terror Suspect's Miranda Rights Continues http://wfpl.org/post/legal-debate-over-boston-terror-suspects-miranda-rights-continues <p>The White House announced on Monday that <a href="/post/boston-marathon-bombing-dzhokar-tsarnaev-has-been-charged">Dzhokhar Tsarnaev will not be treated as an enemy combatant,</a> which adds more nuance to the legal debate regarding the 19-year-old terror suspect's legal rights.</p><p>After being taken into custody, federal authorities said Tsarnaev, who is a naturalized U.S. citizen, was not read his Miranda rights. Law enforcement cited the <a href="http://www.fbi.gov/stats-services/publications/law-enforcement-bulletin/february2011/legal_digest">public safety exception</a>, which was first carved out in a 1984 U.S. Supreme Court decision in the <a href="http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&amp;vol=467&amp;invol=649" target="_blank"><em>New York v. Quarles</em></a> case.</p><p>In that situation, police questioned an assailant about the location of a weapon &nbsp;before reading his Miranda rights.</p><p>University of Louisville Law Professor Russ Weaver told WFPL the exception defined in the Quarles case is rarely used and remains legally controversial</p><p>"There have been very few decisions applying that ruling since then so nobody really knows what it means. The question is when is it going to be applied and what does it mean? I don’t think anybody really knows," he said.</p><p>"You can make an argument for a case like this, saying ‘Look there may be a bombing ring or could be other things being plotted so there is a public safety reason for not applying Miranda in this situation.'"</p><p> Mon, 22 Apr 2013 19:59:37 +0000 Phillip M. Bailey 5090 at http://wfpl.org Legal Debate Over Boston Terror Suspect's Miranda Rights Continues High Court Considering Miranda Rights Case http://wfpl.org/post/high-court-considering-miranda-rights-case The Kentucky Supreme Court is expected to hand down a ruling soon on whether public school administrators should read Miranda rights to students when they question them with a resource officer present.<p> The case involves a high school student in Nelson County who was convicted of sharing prescription pain pills after confessing to the school’s vice principal and resource officer.<p> The student says his statement shouldn’t have been admissible in his trial because he was not informed of his rights before the interrogation. Wed, 28 Nov 2012 02:59:39 +0000 Kentucky Public Radio's Shelly Baskin 2669 at http://wfpl.org High Court Considering Miranda Rights Case