Montana Supreme Court Says Student Needed Miranda Warning
The Montana Supreme Court has ruled a University of Montana campus police officer was wrong to hold a student.
The office detained and questioned a student suspected of underage drinking without advising her of her right against self-incrimination. You have the right to remand silent, etc.
The court sent the case back to municipal court because the lower court judge wrongly denied the student, Marcy Kroschel's motion to suppress evidence of her age and date of birth, ruling the officer violated her Miranda rights.
The attorney for the Associated Students of the University of Montana said they sought clarity on the law after handling similar cases.
The state argued the officer was only seeking Kroschel's name and date of birth, information that is not inherently incriminating. But the justices ruled Tuesday the sole purpose of obtaining that information was to confirm she was too young to legally drink.
(The Associated Press Contributed To This Story)