Miranda Warnings Now Required When Parents Arrive at Police Station to See Minors

A minor involved in a second-degree aggravated assault was adjudicated delinquent based on his age. Two minors were stopped by police after reports indicated that two individuals fled the scene of a shooting on bicycles. As a minor, the charges of second-degree aggravated assault (N.J.S.A. 2C:12-1), attempted murder (N.J.S.A. 2C:11-3, 2C:5-1), possession of a firearm for unlawful purposes (N.J.S.A. 2C:39-4), unlawful possession of a weapon (N.J.S.A. 2C:39-5) and possession of a firearm gave rise to only a delinquency adjudication. Police took the minor to the station for questioning and he was not yet Mirandized when his mother showed up and asked A.A., in the presence of detectives, whether he was near the shooting. A.A. replied that he was and further added that it was “because they jumped us last week”. The trial court admitted the statement of A.A. to his mother as it was not the product of police interrogation. A.A. appealed the admission of the statement to his mother, along with other issues. The Appellate Division likened the situation to that of police using a parent to obtain a confession in violation of a juvenile’s rights, even if the police had not requested the mother ask the question and had no idea the mother would ask the question or that the juvenile would answer. The appellate division determined that the detectives should have known that a conversation between A.A. and his mother may produce an incriminating statement gave rise to the suppression of the statement in light of the fact that the police had not Mirandized the minor. The Appellate Division advised that, in such situations, the police should provide a mechanism for the minor and parent to confer privately and that, if officers are present during any discussions between a parent and minor, the minor should be Mirandized. For more information about delinquency charges visit DarlingFirm.com or call us today at 973-584-6200 to schedule a consultation. This blog is for informational purposes only and not intened to replace the advice of counsel.