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Police Interrogations of Children

Jun 27 2011
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Age is Proper Factor in Miranda Custody Analysis
By: Houston Criminal Lawyer John Floyd and Paralegal Billy Sinclair

One thing you can depend upon, any time the U.S. Supreme is presented with an issue that involves extending or protecting the interests of a criminal “suspect,” Justices Scalia, Thomas and Alito will be opposed to it. And at first impression, most people will say, “heck, there’s nothing wrong with that—criminals shouldn’t have rights or interests.” But what if that criminal suspect was their 13-year-old son? Would they be so inclined to accept that the police could question and secure a confession from him without their being present? Didn’t think so!

Well, that’s precisely the question the Supreme Court addressed recently in J.D.B. v. North Carolina. In September 2005 two homes were broken into in Chapel Hill, North Carolina, and some jewelry and a digital camera were taken during the break-ins. Because J.D.B. was seen behind a residence in the neighborhood where the home break-ins occurred, the local police deemed that sufficient probable cause to stop and question the 13-year-old about the crimes. The cops were so convinced that they were on the right scent they spoke to J.D.B’s grandmother, the kid’s legal guardian, and his aunt that same day. J.D.B. was in the seventh grade at the time and attending “special education classes,” according to the North Carolina Supreme Court.

A few days later someone “informed” the police that a digital camera matching the description of one stolen during the house break-ins had been found at Chapel Hill’s South Middle School and that J.D.B. had been seen with a digital camera at the school—and the camera was ultimately shown to be one of the items taken from the two house break-ins. Joseph DiCostanzo, an investigator with the Chapel Hill Police Department who had been assigned to investigate the two break-ins, went to the school to “question” (or “interrogate”) J.D.B. about the crimes. It marked the second time within a week that the local police questioned the juvenile suspect.

Once he got to South Middle School, DiCostanzo told the assistant principal, an administrative intern, and a uniformed police officer “on detail” at the school that he wanted to question J.D.B. about the break-ins. The juvenile detective had school officials verify J.D.B.’s date of birth, his address, and parental contact information in his school records. Neither DiCostanzo nor school administrators contacted J.D.B.’s grandmother to inform her about the detective’s impending interrogation.

DiCostanzo then sent the uniformed cop to J.D.B.’s afternoon social studies class with instructions to remove him from the classroom and escort him to a school “conference room.” J.D.B. was led into the conference room with the doors closed behind him. There the 13-year-old faced DiCostanzo, the uniformed cop, and two school administrators and was subjected to an interrogation for the next 30 to 45 minutes. J.D.B. was not given a “Miranda warning” (here and here), he was not provided with an opportunity to call his grandmother, and he was not informed that he was free to leave the room without answering any questions.

At the outset J.D.B. denied any involvement in the break-ins, telling his interrogators that he been in the neighborhood where the break-ins occurred looking for lawn mowing work. Not satisfied, DiContanzo intensified the interrogation while school officials urged the kid to “do the right thing,” warning the juvenile that “the truth always comes out in the end.” J.D.B. started to succumb to the pressure, asking those present if he would “still be in trouble” if he returned the “stuff” taken during the break-ins. Following standard police protocol, DiContanzo told the juvenile suspect that those actions would be helpful, but the matter was “going to court” regardless. The detective added that he might have to “seek a secure custody order” if he believed J.D.B. posed a continued threat to break into other homes, and when asked by the juvenile what a secure custody order was, DiContanzo responded that that’s “where you get sent to juvenile detention before court.”

Faced with the prospect of “juvenile detention,” J.D.B. broke down and confessed that he and a friend had broken into the two residences. And it was at this point that DiContanzo informed the 13-year-old that he had a right to refuse to answer any more questions and that he was “free to leave.” When asked whether he understood those rights, J.D.B. nodded in the affirmative and confessed in greater detail, telling the detective where the stolen items could be located. The juvenile then provided DiContanzo with a written statement at the detective’s request. When a school bell rang signaling an end to the school day, J.D.B. was allowed to leave the conference room and go catch a school bus home.

Two “juvenile petitions” were filed against J.D.B. in October 2005—each charging one count for breaking and entering and another for larceny. J.D.B.’s public defender sought unsuccessfully to have his client’s confession suppressed, and the juvenile court adjudicated the 13-year-old a “juvenile delinquent” in December 2005.

The U.S. Supreme Court held in Illinois v. Perkins that Miranda warnings must be given only when a suspect is in custody and subjected to actual police interrogation. The court defined “custody” as “restraint on freedom” in any significant way. While the court has recognized that a “totality of the circumstances” will determine custody, two common factors have emerged as to what constitutes custody: 1) a reasonable person would not feel free to end the police interrogation and leave; and 2) the location of the interrogation.

The North Carolina Supreme Court decided that J.D.B. was not “in custody” when he gave his confession and the court was unwilling to “extend the test for custody to include the consideration of age … of an individual subjected to questioning by the police.”

And that was the issue squarely before the Supreme Court in J.D.B.’s case in which attorneys for the State of North Carolina argued that “a child’s age has no place in the custody analysis, no matter how young the child subjected to police questioning.”

Have so many in the law enforcement community reached such a tragic and scary point that it can be considered acceptable for the police to use the coercive nature of interrogations to get a confession out of our kids, no matter how young they are?

The Scalia/Thomas/Alito coalition believes they can. The conservative stalwarts criticized the majority opinion, authored by Justice Sotomayor, which found that a suspect age is indeed a significant factor courts should utilize in determining whether a suspect was in “custody” at the time of his/her questioning and subsequent confession. The trio stated:

“Today’s decision shifts the Miranda custody determination from a one-size-fits-all reasonable-person test into an inquiry that must account for at least one individualized characteristic—age—that is thought to correlate with susceptibility to coercive pressures. Age, however, is in no way the only personal characteristic that may correlate with plausibility, and in future cases the Court will be forced to choose between two unpalatable alternatives. It may choose to limit today’s decision by arbitrarily distinguishing a suspect’s age from other personal characteristics—such as intelligence, education, occupation, or prior experience with law enforcement—that may also correlate with susceptibility to coercive pressures. Or, if the Court is unwilling to draw these arbitrary lines, it will be forced to effect a fundamental transformation of the Miranda custody test—from a clear, easily applied prophylactic rule into a highly fact-intensive standard resembling the voluntariness test that the Miranda court found to be unsatisfactory.

“For at least three reasons, there is no need to go down this road. First, many minors subjected to police interrogation are near the age of majority, and for these suspects the one-size-fits-all Miranda custody rule may not be a bad fit. Second, many of the difficulties are applying the Miranda custody rule to minors arise because of the unique circumstances present when the police conduct interrogations at school. The Miranda custody rule has always taken into account the setting in which questioning occurs, and accounting for the school setting in such cases will address many of these problems. Third, in cases like the one now before us, where the suspect is especially young, courts applying the constitutional voluntariness standard can take special care to ensure that incriminating statements were not obtained through coercion.”

Justices Scalia and Thomas are avowed constitutional purists who believe the document should be interpreted under the exact intent of the framers who drafted it. This nation’s “war of independence” was fought to free the colonialists from severe interrogations by the British, particularly their children. Any colonial parent who had their 13-year-old hauled before British authorities would have wanted to be present during the interrogation, even if their child was actually guilty of some wrongdoing. Parents have an inherent and “inalienable” right to defend and advise their children what to do under the most adverse circumstances, including in the coercive atmosphere of an authoritarian interrogation. That was true in 1775 and it remained true in 2005 when J.D.B.’s grandmother was not given a chance to protect her grandchild from such a coercive law enforcement interrogation.

Fortunately, the majority of the Supreme Court had the common sense to understand the need to protect our children from coercive law enforcement interrogations. The majority instructed the Scalia/Thomas/Alito coalition and the State of North Carolina that:

“There is, however, an even more fundamental flaw with the State’s plea for clarity and the dissent’s singular focus on simplifying the analysis. Not once have we excluded from the custody analysis a circumstance that we determined was relevant and objective, simply to make the fault line between custodial and noncustodial ‘brighter.’ Indeed, were the guiding concern clarity and nothing else, the custody test would presumably ask only whether the suspect had been placed under formal arrest … But we have rejected that ‘more easily administered line,’ recognizing that it would simply ‘enable the police to circumvent the constraints on custodial interrogations established by Miranda.’

“Finally, the State and dissent suggest that excluding age from the custody analysis comes at no cost to juveniles’ constitutional rights because the due process voluntariness test independently accounts for a child’s youth. To be sure, that tests permits consideration of a child’s age, and it erects its own barrier to admission of a defendant’s inculpatory statements at trial … But Miranda’s procedural safeguards exist precisely because the voluntariness test is an inadequate barrier when custodial interrogation is at stake … To hold, the State suggests, that a child’s age is never relevant to whether a suspect has been taken into custody—and thus ignore the very real differences between children and adults—would be to deny children the full scope of the procedural safeguards that Miranda guarantees to adults.”

No matter what the political perspective of any parent may be, they would not want their 13-year-old child confronted behind closed doors by four adults, all in authoritarian positions, and pressured and encouraged to confess to wrongdoing outside of the parent’s presence. The parent would not only find it personally offensive but constitutionally shocking without having any legal knowledge about the co-called Miranda “custody” test. And the same parent would stand face-to-face, toe-to-toe with Justices Scalia, Thomas, and Alito in defending their child from the very kind of coercive law enforcement treatment J.D.B. experienced—a treatment defended by attorneys for the State of North Carolina.

By: Houston Criminal Attorney John Floyd and Paralegal Billy Sinclair
John Floyd is Board Certified in Criminal Law by the Texas Board of Legal Specialization

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    Had the pleasure speaking with John Floyd on a personal matter, he was very responsive, nothing but exceptional, and he really cares about you with sincerity and most importantly knows … More what is he talking about! No games or bs, his approach to my situation even though I knew it was probably way smaller then what he normally takes on, he was extremely helpful and didn't care about the size of the matter like other attorneys do. He really looked out for my best interests. You can tell he has decades of experience doing what he does just by chatting with him. I would highly recommend him.
  • Avatar S A ★★★★★ 4 years ago
    Words can’t describe how grateful I am for working with John, he went above and beyond my expectation. I was wrongly accused and hired many lawyers before hiring John Floyd but they … More all disappointed me, I had lost hope until a friend of mine referred me to John. From the start he had my best interest in mind and gave helpful advice, he explained the process and guided me. He put more work and time than all my previous lawyers that cost me thousands of dollars. He was constantly communicating with court and defended me more than all lawyer i had hired before him. Don’t waste your time and money like I did, believe me when I say I hired countless lawyers before him and no one came close to John. I’m forever thankful for him for fighting for my innocence and getting my case dismissed. Thank you so much🙏🏼🙏🏼
  • Avatar Gary Watch ★★★★★ 4 years ago
    I called Mr Floyd and left a message, with in the hour I received a call back with much more information then I could have ever expected. Mr Floyd was very informative on every question … More I had for him. He seemed like he cared, instead of like most attorneys that you talk to that are just out for a quick buck. If you want someone that is going to shoot strait with you, and has your best interest in hand, this is you guy. This was the best experience that I have ever had with an lawyer.
  • Avatar Saman Daftarian ★★★★★ 4 years ago
    I can state with confidence that Mr. Floyd and his team are the most competent and professional lawyers one can hope for. My case was quite complex and I admit that as a law student … More I was not the most patient client. Mr. Floyd did a phenomenal job of managing the bench, prosecution and myself! The result was above expectation, and I will never hesitate to recommend this firm regardless of the caliber of the case at issue.
  • Avatar calvin robinson ★★★★★ 4 years ago
    It was a pleasure working with Mr. Floyd. I contacted him regarding a legal matter and he was extremely knowledgeable about the law, and responded in a timely manner. I appreciated … More the fact I did not feel rushed, and he made sure he thoroughly answered all questions I had. I would highly recommend him!Positive
    Responsiveness, Professionalism …More
  • Avatar Alan Howk ★★★★★ 4 years ago
    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
    Responsiveness, Professionalism, Value …More
  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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