{"id":352432,"date":"2023-09-29T13:31:53","date_gmt":"2023-09-29T18:31:53","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/criminal\/juvenile-justice\/police-questioning-of-minors.html"},"modified":"2023-09-29T13:31:53","modified_gmt":"2023-09-29T18:31:53","slug":"police-questioning-of-minors","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/juvenile-justice\/police-questioning-of-minors.html","title":{"rendered":"Police Questioning of Minors"},"content":{"rendered":"\n
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Police Questioning of Minors<\/h1>\n
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\n By Taylar-Simone McCants, J.D.<\/a> | Legally reviewed by Rhonda Earhart, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

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Key Takeaways<\/h2>\n

Police questioning of minors is a sensitive procedure with specific legal protections due to their age and developmental stage. Minors are entitled to Miranda warnings, which must be clearly understood considering their maturity and ability to comprehend the situation. These rules protect against involuntary or uninformed admissions that could impact a young person’s legal outcomes.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Custodial interrogation of minors occurs when officers question individuals under the age of 18 who are in police custody or otherwise not free to leave.<\/p>\n

If your minor child has been questioned by police, you must understand their rights and the potential legal ramifications. Contact a criminal law attorney<\/a> in your area today for critical legal guidance on protecting your child’s rights.<\/p>\n

When a young person is involved in a criminal investigation<\/a>, many legal and procedural processes come into play. This article will help you understand the legal protections that apply to minors being questioned by law enforcement.<\/p>\n

Miranda Rights and Minor Offenders<\/h2>\n

Most people know the phrase, "You have the right to remain silent." It’s usually the first thing police tell someone when taking them into custody. This statement is among several rights \u2014 known as "Miranda rights"<\/a> \u2014 that people have when in police custody. <\/p>\n

Police must notify a person of their Miranda rights when taking them into custody and interrogating them<\/a>. The same is true of the police questioning of minors but with more precautions and requirements for Miranda warnings. If officers don’t follow this rule, they risk having a judge throw out any statements or admissions that the minor in custody might make.<\/span><\/p>\n

For example, suppose a minor waives their Miranda rights and speaks to law enforcement without a lawyer present. In that case, the waiver must be voluntary and made with a clear understanding of the consequences.<\/span><\/p>\n

Determining When a Juvenile Is in Custody<\/h2>\n

Determining the exact point when law enforcement officers have taken someone into custody can be difficult. An arrest means that the person is in police custody. But other situations can amount to custody even without a formal arrest.<\/p>\n

To determine whether law enforcement has placed a person in custody<\/a>, courts examine the facts of a case based on a "reasonable person" standard. If a reasonable person<\/a> would feel unrestricted in the scenario, the person is not in custody. If a reasonable person could not leave, the police have placed the individual in custody and must notify them of their Miranda rights.<\/p>\n

The same rules apply when police question minors. But, the Supreme Court expanded on the rules for minors when it decided that police must take a person’s age into account when determining whether the circumstances of a case merit a Miranda notification.<\/p>\n

Facts of the Case: J.D.B. v. North Carolina (2011)<\/h2>\n

In a 2011 Supreme Court case<\/a>, a 13-year-old boy had been linked to two burglaries. A police officer removed him from class and placed him in a conference room with the door closed. Two school administrators were also present.<\/p>\n

The officer didn’t give the boy a Miranda warning. Nor did the officer inform the teen that he could leave the room any time before the questioning. After the boy admitted to participating in the burglaries, the officer told the teen that he could refuse to answer questions and leave whenever he wanted. The boy stayed and provided further details about the crimes.<\/p>\n

The Court’s Ruling<\/h3>\n

The Supreme Court held that it was improper to deny the request to throw out the boy’s statements to the police. The court held this because he didn’t receive proper Miranda warnings. The court said kids are not seen as adults because of their relative immaturity and lack of experience.<\/p>\n

Since minors’<\/a> comprehension of their situation differs from that of adults, their understanding of when a questioning occurs during custody will also differ. Minors may exhibit more compliance with authority and need Miranda notifications in situations that wouldn’t trigger the Miranda rule for adults.<\/p>\n

The Supreme Court didn’t decide that the trial court should grant the boy’s request but said that it improperly denied the request when it failed to consider the boy’s age. The court ordered the trial judge to reconsider the question. The high court ordered that judges on the lower bench use the boy’s age and surroundings as factors in the decision.<\/p>\n

Results of the Case<\/h3>\n

The case resulted in requiring more care during the police questioning of minors. Since the Supreme Court has determined that courts must consider a person’s age when deciding whether that person was in police custody, police officers will need to use methods that balance an interview subject’s age against the other circumstances of the case, such as where the interview takes place and who else is present in the room.<\/p>\n

The decision doesn’t impose a requirement for a Miranda notification for every police questioning of a minor. But it does suggest that courts will scrutinize police interviews<\/a> of juveniles more carefully in the future. Courts will consider the totality of the circumstances when determining if a minor’s confession was voluntary. Due to minors’ vulnerability, they are more susceptible to making false confessions during police interrogation.<\/p>\n

Bottom Line: Can a Police Officer Question a Minor Without a Parent or Guardian Present?<\/h2>\n

Usually, police can question minors without having a parent or guardian<\/a> present if the minor is under arrest. But many exceptions to this rule prevent police from questioning a minor without a guardian there and, thus, may affect whether the minor’s statement is usable in court. Courts will look at:<\/p>\n