Skip to main content

Age is relevant to the determination of a valid Miranda Waiver

Posted by attorney Robert LeBrasseur

Today (June 16, 2011), the Supreme Court answered the question whether the age of a child subjected to police questioning is relevant to the custody analysis of Miranda v. Arizona , 384 U. S. 436 (1966) . "It is beyond dispute that children will often feel bound to submit to police questioning when an adult in the same circumstances would feel free to leave. Seeing no reason for police officers or courts to blind themselves to that commonsense reality, we hold that a child’s age properly informs the Miranda custody analysis." JDB v. North Carolina It is a rare case were I will advise a client to waive their Miranda rights and speak to the police. I typically tell my clients to ask for a lawyer and thereafter remain silent.

Author of this guide:

Was this guide helpful?