from the Hendricks Superior Court, No. 32D03-1704-JD-86 The
Honorable Karen M. Love, Judge
Petition to Transfer from the Indiana Court of Appeals, No.
ATTORNEY FOR APPELLANT Jeffery A. Earl Law Offices of Lewis
& Earl Danville, Indiana
ATTORNEY FOR APPELLEE Curtis T. Hill, Jr. Attorney General of
Indiana, Ellen H. Meilaender Supervising Deputy Attorney
General Indianapolis, Indiana
ATTORNEY FOR AMICUS CURIAE INDIANA SCHOOL BOARDS ASSOCIATION
Kent M. Frandsen Parr Richey Frandsen Patterson Kruse LLP
ATTORNE YS FOR AM IC I C UR IA E J UVEN IL E L AW CENTE R;
BARTON CHI LD L AW AND P OL I CY CENTER; EMORY LAW S CHOOL;
CENT ER F OR CH ILDREN'S LAW AND PO LI CY; CENTE R ON
WRONGFUL C ONV ICTIONS OF YOUTH; AND PAUL HOLLAND Amy E.
Karozos Greenwood, Indiana Marsha L. Levick Juvenile Law
Center Philadelphia, Pennsylvania
today's companion opinion B.A. holds,
Miranda warnings protect students-no less than
adults at a school-when police place them under custodial
interrogation. Custodial interrogation, though, requires
police involvement. So when school officials alone meet with
students, a clear rule governs: Miranda warnings are
only an assistant principal interviewed D.Z., so
Miranda warnings were not required. We also find no
reversible evidentiary error and that sufficient evidence
supports D.Z.'s criminal-mischief adjudication, so we
affirm the juvenile court.
and Procedural History
early March 2017, sexual graffiti on boys-bathroom walls at
Brownsburg High School prompted a school investigation.
Assistant Principal Demetrius Dowler soon enlisted school
resource officer Nathan Flynn's help finding a suspect.
From surveillance video, they pinpointed seventeen-year-old
Principal Dowler called D.Z. into his office for a
closed-door discussion. With only the two of them in the
room, Dowler detailed his investigation and said that he knew
D.Z. was the culprit. D.Z. remorsefully responded that he
didn't know why he did it, that he knew it was wrong, and
that he didn't have anything against the girls named in
Principal Dowler suspended D.Z. for five days and told
Officer Flynn of D.Z.'s confession. Flynn then went into
Dowler's office to talk to D.Z., who again confessed. At
the end of that conversation, Flynn told D.Z. that he was
being charged with a crime.
next month, the State filed a delinquency petition alleging
that D.Z. committed criminal mischief and harassment. At the
factfinding hearing, the parties agreed that D.Z.'s
incriminating statements to Officer Flynn should be
suppressed since D.Z. was never Mirandized. But they
disagreed about the earlier statements ...