§ 16-21.5-4 - Student interrogations under exigent circumstances.
SECTION 16-21.5-4
§ 16-21.5-4 Student interrogations underexigent circumstances. – The provisions of §§ 16-21.5-2 and 16-21.5-3 shall not apply if anyof the following conditions exist:
(a) The law enforcement officer reasonably believes that, dueto exigent circumstances, the inability of the officer to immediately questionthe pupil will materially interfere with the ability of the officer to conducthis or her investigation and any delay would significantly impede the timelyapprehension of a suspect. In that case, if an elementary school pupil is beingquestioned, the principal or his or her designee shall be present during thequestioning and shall take immediate and continuous steps to notify the parentor guardian by telephone about the questioning, and if unsuccessful in doing sobefore the questioning, shall take immediate steps to notify the parent orguardian about the questioning after the questioning has been completed. If ahigh school pupil is being questioned, the pupil shall be given the option ofhaving the principal, or his or her designee, present during the questioning.
(b) The law enforcement officer reasonably believes thatthere is a substantial risk of immediate personal injury or substantialproperty damage. In that case, if an elementary school pupil is beingquestioned, the principal or his or her designee shall be present during thequestioning and shall take immediate and continuous steps to notify the parentor guardian by telephone regarding the questioning, and if unsuccessful indoing so before the questioning is completed, shall take immediate steps tonotify the parent or guardian regarding the questioning after it has beencompleted. If a high school pupil is being questioned, the pupil shall be giventhe option of having the principal or his or her designee present during thequestioning.
(c) The minor pupil being questioned is suspected of being avictim of child abuse or neglect, and either the principal or his or herdesignee or the law enforcement officer has reasonable belief that the pupilwould be endangered by the notification requirements of § 16-21.5-2 or§ 16-21.5-3. In that case, if the pupil is an elementary school pupil, theprincipal of the school, or his or her designee, shall inform the pupil thatthe pupil has the right to select a school administrator, school counselor orschool teacher who is reasonably available to be present during thequestioning, as provided in paragraphs (c) and (d) of § 16-21.5-2. If thepupil is a high school pupil, the principal of the school, or his or herdesignee, shall inform the pupil that the pupil has the right to select anotherperson to be present during the questioning as provided in subsection16-21.5-3(b).
(d) In the case of an elementary school pupil, the lawenforcement officer's questioning of the pupil concerns the commission ofcriminal activity by the person who would otherwise be present during thequestioning pursuant to § 16-21.5-2. In that case, the principal of theschool, or his or her designee, shall inform the pupil that the pupil has theright to select a school administrator, school counselor, or school teacher whois reasonably available to be present during the questioning as provided insubsection 16-21.5-2(c).
(2) In the case of a high school pupil, the law enforcementofficer's questioning of the pupil concerns the commission of criminal activityby the person selected by the pupil pursuant to § 16-21.5-3. In that case,the principal of the school, or his or her designee, shall so inform the pupiland advise that the pupil has the right to select another person to be presentduring the questioning as provided in subsection 16-21.5-3(c).
(e) The pupil is on probation or parole and is beinginterviewed or otherwise contacted by a probation or parole officer in thenormal course of duties of the probation or parole officer.
(f) Except in exigent circumstances as determined by the lawenforcement officer, any questioning of a pupil by a law enforcement officerfor any reason other than the ordinary, day-to-day conversation that is to beexpected among members of a school community, shall take place in a privatelocation, including, but not limited to, the principal's office, and may nottake place in a classroom or hallway or other areas where pupils or others maybe present.
(g) A school official present during the questioning of apupil under this section may not disclose matters discussed with the pupilother than to the parent or guardian of the pupil, the attorney for the pupil,other school officials, or a court.
(h) Any school officer or staff member present at thequestioning of the pupil by a law enforcement officer pursuant to this sectionis immune from civil or criminal liability arising from his or herparticipation during the questioning of the pupil.
(i) For the purposes of this section, "questioning" meansonly formal questioning in which the principal, or his or her designee, makes apupil available to a law enforcement officer, at the request of the lawenforcement officer, the principal or his or her designee, for questioning as avictim, suspect, or person with information concerning a suspected violation ofa school rule that constitutes grounds for expulsion or a suspected commissionof a crime. For the purposes of this section, "formal questioning" means onlyquestioning of a pupil by a law enforcement officer that occurs on schoolgrounds. "Formal questioning" does not include ordinary, day-to-dayconversations between a pupil and a law enforcement officer.