The right to remain silent?

A 13-year-old student was removed from class by a uniformed police officer and brought into a conference room for questioning about two recent home break-ins and stolen items. The student had been seen nearby on the night of the break-ins and had been seen with a camera similar to the one stolen. The police officers and two school administrators questioned the student for more than 30 minutes without giving him his Miranda warnings (“You have the right to remain silent; anything that you choose to say can and will be used against you; you have the right to an attorney...”). The officers did not tell the student that he was free to leave the room or contact his legal guardian.

The student confessed to the break-ins after one of the administrators urged him to “do the right thing” and one of the police officers implied that he might be sent to juvenile detention. Following the confession, the student was informed that he could refuse to answer questions and was free to leave. The student provided additional details and wrote a statement at the police officer’s request. He was charged with one count of breaking and entering and one count of larceny and adjudicated as “delinquent.”

The student argued that the statements he provided at the school should not have been permitted to be used at trial because he did not receive his Miranda warnings. Under the law, he was entitled to a Miranda warning if he was “in custody” during a police interrogation. The question was whether or not a child’s age should be taken into consideration when determining whether he was “in custody” and therefore entitled to the warning. The United States Supreme Court ruled that a child’s age should be taken into consideration. Whether a person is “in custody” depends on the circumstances surrounding the interrogation and whether a person in the suspect’s position would feel that he or she had the ability to terminate the interrogation and leave. The Court reasoned that a child is likely to feel pressured to submit to police questioning under circumstances when an adult would feel free to go and that this fact should be considered in deciding whether a child is entitled to a Miranda warning.