Legal Question in Criminal Law in Michigan

There is no automatic yes/no answer.

The answer boils down to whether the statement was made "voluntarily", and there are many factors that a judge has to weigh when deciding this question:

* age of the person being interviewed

* lack of education or intelligence

* lack of previous experience with police

* repeated and prolonged nature of the questioning.

* length of detention before the statement was made

* lack of any advice to the person of his constitutional rights (Miranda rights ... but these are required only when the person is "in custody"

* whether the person was injured, intoxicated or drugged, or in ill health when he gave the statement

* whether the person was deprived of food, sleep, or medical attention.

* whether the person was physically abused.

* whether the person was threatened with abuse

* whether a juvenile's parents were present or informed beforehand about the interview

Police can interview a minor without a parent present or the parent even knowing about the interview. That can be viewed as making the statement involuntary in and of itself in some cases. But when looking at the "totality of the circumstances" of the statement (weighing all of the factors listed above), it might be seen by a judge as being voluntary even though mommy/daddy were not there.

The minor can also say that he/she does not want to have mommy/daddy there. Indeed, some kids would not want to talk about some things in front of parents.