§ 16-21.5-4. Student interrogations under exigent circumstances.
The provisions of §§ 16-21.5-2 and 16-21.5-3 shall not apply if any of the following conditions exist:
(a) The law enforcement officer reasonably believes that, due to exigent circumstances,
the inability of the officer to immediately question the pupil will materially interfere
with the ability of the officer to conduct his or her investigation and any delay
would significantly impede the timely apprehension of a suspect. In that case, if
an elementary school pupil is being questioned, the principal or his or her designee
shall be present during the questioning and shall take immediate and continuous steps
to notify the parent or guardian by telephone about the questioning, and if unsuccessful
in doing so before the questioning, shall take immediate steps to notify the parent
or guardian about the questioning after the questioning has been completed. If a high
school pupil is being questioned, the pupil shall be given the option of having the
principal, or his or her designee, present during the questioning.
(b) The law enforcement officer reasonably believes that there is a substantial risk of
immediate personal injury or substantial property damage. In that case, if an elementary
school pupil is being questioned, the principal or his or her designee shall be present
during the questioning and shall take immediate and continuous steps to notify the
parent or guardian by telephone regarding the questioning, and if unsuccessful in
doing so before the questioning is completed, shall take immediate steps to notify
the parent or guardian regarding the questioning after it has been completed. If a
high school pupil is being questioned, the pupil shall be given the option of having
the principal or his or her designee present during the questioning.
(c) The minor pupil being questioned is suspected of being a victim of child abuse or
neglect, and either the principal or his or her designee or the law enforcement officer
has reasonable belief that the pupil would be endangered by the notification requirements
of § 16-21.5-2 or § 16-21.5-3. In that case, if the pupil is an elementary school pupil, the principal of the school,
or his or her designee, shall inform the pupil that the pupil has the right to select
a school administrator, school counselor or school teacher who is reasonably available
to be present during the questioning, as provided in paragraphs (c) and (d) of § 16-21.5-2. If the pupil is a high school pupil, the principal of the school, or his or her
designee, shall inform the pupil that the pupil has the right to select another person
to be present during the questioning as provided in subsection 16-21.5-3(b).
(d)(1) In the case of an elementary school pupil, the law enforcement officer's questioning
of the pupil concerns the commission of criminal activity by the person who would
otherwise be present during the questioning pursuant to § 16-21.5-2. In that case, the principal of the school, or his or her designee, shall inform
the pupil that the pupil has the right to select a school administrator, school counselor,
or school teacher who is reasonably available to be present during the questioning
as provided in subsection 16-21.5-2(c).
(2) In the case of a high school pupil, the law enforcement officer's questioning of the
pupil concerns the commission of criminal activity by the person selected by the pupil
pursuant to § 16-21.5-3. In that case, the principal of the school, or his or her designee, shall so inform
the pupil and advise that the pupil has the right to select another person to be present
during the questioning as provided in subsection 16-21.5-3(c).
(e) The pupil is on probation or parole and is being interviewed or otherwise contacted
by a probation or parole officer in the normal course of duties of the probation or
parole officer.
(f) Except in exigent circumstances as determined by the law enforcement officer, any
questioning of a pupil by a law enforcement officer for any reason other than the
ordinary, day-to-day conversation that is to be expected among members of a school
community, shall take place in a private location, including, but not limited to,
the principal's office, and may not take place in a classroom or hallway or other
areas where pupils or others may be present.
(g) A school official present during the questioning of a pupil under this section may
not disclose matters discussed with the pupil other than to the parent or guardian
of the pupil, the attorney for the pupil, other school officials, or a court.
(h) Any school officer or staff member present at the questioning of the pupil by a law
enforcement officer pursuant to this section is immune from civil or criminal liability
arising from his or her participation during the questioning of the pupil.
(i) For the purposes of this section, "questioning� means only formal questioning in which
the principal, or his or her designee, makes a pupil available to a law enforcement
officer, at the request of the law enforcement officer, the principal or his or her
designee, for questioning as a victim, suspect, or person with information concerning
a suspected violation of a school rule that constitutes grounds for expulsion or a
suspected commission of a crime. For the purposes of this section, "formal questioning�
means only questioning of a pupil by a law enforcement officer that occurs on school
grounds. "Formal questioning� does not include ordinary, day-to-day conversations
between a pupil and a law enforcement officer.