The 4-3 ruling on Wednesday stems from a case involving a minor who was stopped by a Cleveland police officer while driving without a valid license. The minor later told police about his role in a robbery and waived his constitutional rights.
The minor's attorneys argued his statement shouldn't have been admitted into evidence because police didn't provide him with a lawyer first. They cited a part of state law that requires juveniles to have legal counsel "at all stages of proceedings" in a delinquency case.
The majority opinion says the term "proceedings" doesn't include investigatory action.
Comments
I wonder if that includes having a parent or guardian present while being interrogated? Does a minor have the right to have a parent or guardian present during questioning or interrogation before charges are filed? I wondered about that? Just asking?
probably not... but they always have the right to remain silent as to not self-incriminate. that's the 5th amendment i believe and part of the Miranda rights.
The best thing for kids to do is be QUIET until their parents are contacted1
I disagree with this ruling. Someone should be with a young person during questioning. Not all of them are thugs who know how to deal with the system.