Legal Question in Criminal Law in Wisconsin
emergency detention of a juvenile
If--name removed--16 yr. old boy is being detained at the hospital by two officers and is questioned about another crime that he may have been involved in,and was not mirandized at any time, are his statements admissable?
1 Answer from Attorneys
Statements Made During Emergency Detention of a Juvenile
I would need more information in order to answer your questions such as what was admitted, why the government seeks to use it against the juvenile and the factual context when the statement was made. Generally speaking, juvenile statements made while in police custody must be videotaped in WI and the juvenile should also be given Miranda warnings prior to making the statement. However, these general rules are as full of holes as Swiss cheese, with exceptions for non-custodial statements, volunteered statements, and statements made to persons other than the police (only a few examples). If you really need the answer to this question, you should discuss it with an experienced criminal attorney.
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