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Judge Jeanine Pirro comments on a case in connection with a murder of an 8th grade student
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And just in case -- big water cooler topic a lot of controversy.
There was this tragic murder.
In Sacramento California of a thirteen year old girl whose body was found brutally murdered in a park.
And the police -- their investigation.
Showed up at a middle school middle school kids here.
And proceeded to take DNA swabs from some of the kids as well as conducting.
Interviews with them some of the parents say.
They were not consulted before hand.
And of these kids were interrogated without the presence of a lawyer.
The cops are saying it wasn't interrogation it was an interview we don't need consent to -- what.
You tell me this is this proper.
The -- it and I did you have kids yeah in my kids are a little bit now I would be upset.
If the police officer went to school and asked my kid for -- DNA swap.
It's a political slob -- and I do we've done it before it's just a little like cotton Q tip and you put it in the mountain that you get the DNA right but why didn't they go to the parents why did they go to school.
These kids are middle schooler so let me instead of being a mother now be a judge jury DA write the law is very clear.
The Fourth Amendment is implicated.
When you're talking about DNA.
What that means is that all of us on -- the Fourth Amendment had the right to be free from unreasonable searches and seizures including kids.
So is DNA a search absolutely.
Now is it unreasonable.
And did these kids have the right to say no did they have the intelligence.
Did they wait voluntarily the right to say no I don't want to give you would DNA.
-- put in California.
There is no law of its -- cannot do with the kids so the test will be next.
If they find evidence that implicates one of these kids in the murder -- thirteen year old.
Did that child voluntarily waived his Fourth Amendment to her Fourth Amendment right against an unreasonable search and seizure probably.
Think what I you know I don't know I would rule I could cut as a -- I have a lot of trouble with this you tell me that they can -- did.
You can tell me that it's not unreasonable it's not like a blood -- right is more invasive.
But.
What.
That's right well I mean I knew we -- keep quite fair which was the law enforcement folks said that actually if -- been a blood test there are these requirements they do need to get the parental consent and whatnot but for a cheek -- -- they check before they did this.
And they don't have to do -- police checked the law.
But make no mistake it's a judge -- said on many murder cases.
You know the issue was whether or not be consent of the waiver of the Fourth Amendment right is voluntary.
There is no question in the state of California the taking of DNA.
Implicates the Fourth Amendment you have -- Fourth Amendment right there that he is -- seizure.
Or search and when you've got a kid.
You've improved to me that -- knew the consequences.
That he could say no and that he voluntarily waived it.
Could they have -- to the parents and so these parents are up -- arms right want to do it that way.
And they're saying they're trying to exclude kids.
Or not.
What's -- trying to do is implicate someone well and they don't apparently was a small number of kids at three or -- so that -- like -- not like they were trying to just take take the whole school.
They have their -- on these kids and they said it again that another key distinction for them.
Was that these were interviews and not interrogation.
Will -- -- kicks in the Fifth Amendment -- we'd -- you know we're talking Fourth Amendment here I don't want to be too much of the Green but it doesn't matter if it was an interrogation we're not talking an interrogation.
This was a Fourth Amendment issue it's a search issue we all have the right to be free from unreasonable searches and the -- if the cops came right now that you -- yet.
Unthinkable locals while I just want to eliminate you -- it's physical -- okay that would eliminate me right.
But then it also interviewing -- but now my question is the school the school just said come.
-- -- That's why she does school said look we satisfy the requirements -- we told the parents.
What happened at school today right I don't like that I don't quite get I don't like that feeling is the cop and I -- have worked with top thirty years.
The cops could say there's no real law that says they can't but I'm not seeing a law that says it you can't.
-- and I don't have a responsibility.
To protect the kids first and and that.
The parents did just that the toll left out of the equation once the two once the school says.
You can come -- -- and they -- -- -- place to interfere with the murder investigation -- -- and any.
You know with -- that -- might detectives that you want on the DA into the school and those schools -- now I mean you know we'd be all over but don't tell us now.
But.
Even the ultimate test if there is evidence from this DNA -- that is used all of this is gonna be torn apart.
You know right now you know they could say -- it's not a big deal all the school had the -- -- But when this is all on the judges' desk in the hearing.
It's going to be looked at very differently I guarantee you the other thing is that they were pulled out of class from these students.
Yeah I have a child in school right now it's to get my permission for.
Everything and it's to me that if they're gonna -- kid out of school.
That they have to tell you first we're gonna put it hit out of school for a non school related thing and get your -- out of kindness to me Michael here's the point.
If any parents are out there listening and this concerns you you should say to the school our administration.
You do not have the right to allow might question might try to be questioned by anyone here to speak to me first I would send that to the school.
Who else is coming in to talk to your kids break we send our kids to school for learning and don't tell me for one minute.
That you couldn't wait for those kids to go home -- only up for that you know where they live -- Exactly -- -- judge Janine pero thank you as always and she is the host of course of justice with the judge Geneen and you can find -- Twitter act tension.
