In most situations in New Mexico, a criminal suspect being held for an interrogation must be read his or her Miranda rights. For Miranda rights to kick in, the suspect must be subject to a custodial interrogation. One hallmark of the custodial interrogation is that the subject does not feel free to leave. This takes on unique meaning in a juvenile criminal case involving the questioning of a student.
Investigatory Detention by School Personnel Not a Custodial Interrogation
In a recent case, State v. Antonio T., the New Mexico Court of Appeals examined the rights of a student when being questioned by a school official in the presence of a police officer. The court was tasked with determining whether this situation arose to the level of a custodial interrogation or whether it was instead simply an investigatory detention.