CHILDREN AND THE LAW
...
Delinquency Matters
......
Confessions & Admissions
.........Miranda Invoked: Parents
10 Cards On This Topic:
Minor’s request to see PO not necessarily invocation of 5th Amend. privilege, but must be decided on totality of circumstances.
Where M deprived of rights under JDA to prompt notification and arraignment, and to counsel of responsible adult before questioning, confession highly prejudicial and should not have been used against him to initiate proceedings.
Failure to notify parents or consulate before obtaining confession of Mex. juvenile was prejudicial error as confession was primary basis for conviction.
M's confession should have been suppressed where parents weren't informed of his rights and he lost opportunity for their advice prior to interrogation.
D's request to speak with F not an invocation of his 5th Amend. rights—totality of the relevant circumstances supported trial court's conclusion D knowingly and voluntarily waived his 5th Amend. privilege.
Minor’s request for parent while in custody constitutes invocation of Fifth Amendment Privilege.
No requirement that guardian or parent consent to minor’s interrogation.
Police have duty to advise minor of relatives’ request to see him.
Confession to parent admissible and not privileged.
Minor’s secretly recorded conversation with mother at police station admissible.