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HIGH LIFE : School Officials Exempt From Miranda Rule

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<i> Times staff writer</i>

School officials are not required to warn students of their constitutional rights before questioning and searching them for illegal drugs or other contraband, a state Court of Appeal has ruled.

The three-judge panel unanimously rejected claims by an attorney for a 15-year-old Oakland youth that such warnings must be issued because school authorities are acting as “investigatory agents” of police.

“Questioning of a student by a principal whose duties include the obligations to maintain order, protect the health and safety of pupils and maintain conditions conducive to learning cannot be equated with custodial interrogation by law enforcement officers,” the court said in an opinion by Justice John E. Benson.

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The precedent-setting ruling will be binding on trial judges throughout the state unless set aside on appeal. An attorney for the student in the case was not available for comment, but it was expected that the state Supreme Court will be asked to review the decision.

“There has been no ruling in California prior to this on whether a ‘Miranda warning’ is required in this situation,” said state Deputy Atty. Gen. Josanna Berkow. “We are very pleased with the decision.”

The case before the appeal court involved a minor accused of possession of cocaine.

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