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Safety Law News for July 9, 2018

In Indiana, the Indiana Supreme Court ruled that an assistant principal was not acting as an agent of police when he interviewed a student, and thus Miranda warnings were not required. (D.Z. v. State) 

In Indiana, the Indiana Supreme Court held that during an interview conducted by both a vice principal and a school resource officer, the juvenile, a middle-school student suspected of making a bomb threat, was in police custody for Miranda purposes. (B.A. v. State) 

In Maryland, the Special Court of Appeals held that a state law prohibiting a person from displaying obscene items to minors did apply to a juvenile who sent her friends via a text message a digital video file of herself engaging in sexual conduct.  However, the court ruled that transmission of the video by text message from one mobile phone to two others did not fall within the language of a poorly written statute.  Therefore, the adjudication of the juvenile was vacated.  (In re S.K.) 

In Texas, the United States Court of Appeals for the Fifth Circuit ruled that an assistant principal, who ordered a strip-search of twenty-two female students, violated the girls’ constitutional rights.  The court ruled that the school district could also be liable for permitting its employees to conduct invasive searches without providing training as to how to do so.  (Littell v. Houston Independent School District)


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