Emory Law Journal


Kristi North


When school officials and law enforcement question students about suspicious activities without parents or legal counsel present, students are overmatched. This power imbalance raises questions about whether students' constitutional rights are being adequately protected. These questions have gone largely unanswered, as the Supreme Court has never addressed the applicability of Miranda warnings in school interrogation settings. However, the 2011 J.D.B. v. North Carolina decision, in which the Supreme Court held a defendant's age relevant to custody for Miranda purposes, has opened the door for a reevaluation of the dynamics of school interrogations.