Friday, October 23, 2009

Youth Rights NJ

In NJ, the state Supreme Court ruled in "In the Matter of P.M.P." "that a juvenile charged with a crime has the right to counsel when the complaint is filed" and not "at the first court appearance". In another case, not yet decided, a student's car was searched for drugs by the school principal after another student said there were drugs in the car. Egg Harbor High School has no rule on car searches but does require students to turnover their keys after they park. The principal says he needs only "reasonable suspicion"-like he would if the search involved a locker-while the ACLU of NJ says the principal needs "probable cause"-a higher standard-"unless there is a potential for immediate danger to students". It is noted that the principal had the keys and the student was detained in the school. The ACLU position is that the police could have been involved in the search. The case is "State v. Best" and is yet to be heard.
(Source: "In NJ, Rights of Youth Under Stress" no author listed. Civil Liberties Reporter of the American Civil Liberties Union of New Jersey. 2nd Quarter 2009.

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