Colorado Supreme Court Opinions

October 24, 2016

2016 CO 71. No. 16SA2. People in the Interest of A.L.-C.

Colorado Children’s Code—Admissibility of Confessions, Admissions, and Statements—Presence of Parent, Guardian, Custodian, or Attorney.

The Supreme Court addressed a statutory safeguard protecting a juvenile’s right against self-incrimination. In particular, the Court analyzed whether CRS § 19-2-511(1) conditions the admissibility of a juvenile’s statements to law enforcement on more than his parent’s presence during his Miranda advisement and custodial interrogation. The Court concluded that the statute’s plain language requires only that a parent be present for the juvenile’s advisement and interrogation. Because, in this case, the juvenile’s mother accompanied him for his advisement and interrogation, the trial court erred in suppressing his statements to law enforcement.

 

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