Supreme Court: Officer wrongly detained student in MIP case - ABC FOX Montana Local News, Weather, Sports KTMF | KWYB

Supreme Court: Officer wrongly detained student in MIP case

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By AMY BETH HANSON
Associated Press

HELENA, Mont. (AP) - The Montana Supreme Court says a University of Montana campus police officer was wrong to continue to detain and question a student suspected of underage drinking without advising her of her right against self-incrimination.

The court sent the case back to Missoula Municipal Court saying the judge wrongly denied Marcy Kroschel's motion to suppress evidence of her age and date of birth, ruling the officer violated her Miranda rights.

An attorney for the Associated Students of the University of Montana has said they sought clarity on the law after handling similar MIP cases.

The state argued the officer was only seeking Kroschel's name and date of birth, information that is not inherently incriminating.

But the justices ruled Tuesday the sole purpose of obtaining that information was to confirm she was too young to legally drink.

The version corrects the spelling of Marcy in the 2nd paragraph

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