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Do minors have the right to recive miranda warnings when being arrested?

Bay City, MI |

I am working on a paper for school and can't find any information on this subject

Attorney Answers 5


  1. Just like adults, minors in the juvenile justice system have Constitutional rights, which includes the right against self-incrimination and a right to an attorney. This means that law enforcement must read a minor his or her Miranda rights when they arrest and question a minor.

    And with that, good luck on your paper and hopefully you will only need this for your paper, and never in a real situation.


  2. Constitutional rights apply to adults and minors alike.


  3. I agree with Mr. Holbrook and Mr. Thygerson. An important thing to recognize about the Miranda rule is that it is an evidentiary rule, meaning that it has to do with whether statements made by a defendant are admissable into evidence in a trial or hearing. It does not directly affect the validity of an arrest. Minor or adult, it makes no difference. Good luck on the paper!

    The information contained in this answer is intended to convey general information. Nothing contained in this answer is intended as specific legal advice. Although the content is believed to be accurate as to Michigan law, no guarantee is made that it is accurate and up-to-date. This is not an offer to represent you, nor is it intended to create an attorney-client relationship.


  4. Read the following law review article:

    http://digitalcommons.law.wustl.edu/cgi/viewcontent.cgi?article=1016&context=wujlp

    DISCLAIMER: This answer is provided as general information, which may not be appropriate for the specific facts of your particular situation. No attorney-client relationship has been established based on this limited communication. You are advised to consult with an attorney in your jurisdiction before taking any action or inaction that may affect your legal rights. www.hecklerlawoffice.com


  5. Police officers are required to advise adults and minors of their Miranda rights when 1) the person is in-custody and 2) the police officer is questioning the person. Just because the police arrest someone does not mean they are required to advise that person of their Miranda rights--you need arrest + interrogation. With minors the police are also, prior to questioning , required to attempt to contact the minor's parent or a guardian. Good luck with your paper.

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