Legal Question in Criminal Law in Minnesota

Miranda Rights

after being reported to the police on small amount of a controlled substance, my mother came in. Shortly thereafter the policeman arrived. He took the evidence and then asked me four questions. The first one was ''what were you thinking bringing this to school.'' Then, ''How old are you?'' He then asked me if I was selling at school (which i was not). And finally he asked me ''Are you smoking it at school?'' I did awnser the questions. He asked me these questions without reading me my miranda rights. After that he searched my locker and He released me into the custody of my mother, who was present the entire time... Would this be in violation of my rights? Thanks


Asked on 2/28/02, 8:15 pm

1 Answer from Attorneys
Thomas C. Gallagher Gallagher Criminal Defense

Re: Miranda Rights

It's possible. It would depend upon the "totality of the circumstances." Police are required by law to give a Miranda rights warning when (1) the suspect is "in custody" and (2) they are questioning the suspect. If they fail to do so, when required, then the suspects statements must be suppressed from evidence at trial by a judge, following a defense motion for their suppression. In Minnesota, a juvenile has a right to have their parent present during police questioning. Other factors could also make the interrogation circumstances coercive, and result in suppression of the confessions. There might also be issues with the locker search. Your best bet is to consult with your lawyer fully about all the details of what happened, so the lawyer can make a thorough research, analysis and evaluation effort on your behalf.

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Answered on 3/01/02, 11:49 am


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