Legal Opinion · Dissent

In the Interest of R.H.

Supreme Court of Pennsylvania

Decided February 21, 2002Published

1DissentCappy, Justice

I must respectfully dissent. I agree with Mr. Justice Castille that the school police officer was not a law enforcement officer for purposes of the Fifth Amendment. I write separately, however, because the Opinion Announcing the Judgment of the Court correctly notes that both parties conceded that the student was in custody at the time of the questioning by the school police officers. Majority slip opinion at 4, n. 2. Therefore, I agree with the lead opinion that any analysis of the custody issue is improper in the instant case. Further, I believe that once it is determined that the school…

2Cases cited7 opinions

  1. Miranda v. ArizonaSupreme Court of the United States · 1966
  2. Commonwealth v. SnyderMassachusetts Supreme Judicial Court · 1992
  3. Commonwealth v. HamiltonSupreme Court of Pennsylvania · 1971
  4. In re D.E.M.Superior Court of Pennsylvania · 1999
  5. State v. BiancamanoNew Jersey Superior Court Appellate Division · 1995

2 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API