State v. D.P.- Youth Appeals Juvenile Court Decision

November 5, 2013
Blog

State v. D.P. was decided October 30th, 2013.  The case involves charges that youth, a 12-year-old, committed acts which, if done by an adult, would constitute rape in the first degree and sodomy in the first degree.

In an interview with police at the youth’s school, he admitted to having sexual intercourse and oral sex with a 10-year-old girl.

He argued to the Court of Appeals that evidence attained during said interview should be suppressed as he was not read his Miranda warnings prior to the interview.

He sites Article I, section 12 of the Oregon Constitution stating that the  interview was a “compelling circumstance,” and Article I, section 12, and the Fifth Amendment to the United States Constitution that the interview was a “custodial interrogation” because the detectives interviewing him asked for a DNA swab.  Both of these situations require Miranda warnings to be read to the person being interviewed.

The Court of Appeals decided that the interview where evidence was obtained was “compelling,” and therefore the trial court erred in denying youth’s motion to suppress evidence, and reversed and remanded.

More details about the situation and the interview can be read in the full case summary.

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