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Response to guardian (Reply #7)

Wed Jan 30, 2013, 08:48 PM

31. Nope

Unless a particular state constitution has been interpreted that way in the state of the detention, or state statutes require it (I don't believe any do) a minor of any age may be interrogated after (theoretically, of course...) waiving Miranda rights. They must be informed of their Miranda (or equivalent) rights, then asked if they understand. If they say 'yes,' it's usually full speed ahead.

I represented a 11 year old who had no clue about Miranda rights other than what he'd seen on 'Cops' (this was in Minnesota). When the interrogating officer asked him if he understood, he replied 'yeah - it's like 'Cops,' right?' That was enough, and the officer really messed with his head, eliciting what turned out to be a false confession. Before it was discovered to be obviously false based on the evidence (it was sure obvious to me just watching the video), the confession was ruled admissible.

Oh - and the kid's mother was in the next room, not even having been notified that the kid was in interrogation...

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MrScorpio Jan 2013 OP
surrealAmerican Jan 2013 #1
Glassunion Jan 2013 #13
AverageMe Jan 2013 #17
Glassunion Jan 2013 #20
missingthebigdog Jan 2013 #22
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missingthebigdog Jan 2013 #39
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dixiegrrrrl Jan 2013 #5
Angry Dragon Jan 2013 #23
Cali_Democrat Jan 2013 #6
guardian Jan 2013 #7
Sekhmets Daughter Jan 2013 #16
LineLineReply Nope
RiverNoord Jan 2013 #31
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