Clearwater Miranda Rights Defense Attorneys

Mike Kenny, attorney, Bauer, Crider, and Parry: Now, this changes a little bit when we’re talking about not adults. When we’re talking about juveniles. I mean, these are very significant rights. And these rights have a very significant consequence on a person's future, on that person's liberty. So, we can understand when an officer reads, perhaps, a 16-year-old or 17-year-old his Miranda warnings. You know, that 16 or 17-year-old might not have that same capacity to understand the gravity of where he is, and to understand that hey, he’d better exercise his rights. So, in the state of Florida, what has happened as a sort of protection in juveniles circumstances, is that law enforcement must make an effort before interrogating a juvenile suspect. Must make an effort to contact the parents, and notify the parents of that interrogation or that questioning is going to take place.

B: How is that effort documented?

M: How is it documented? A lot of times it’s documented through the officer writing a report, and saying whether or not he or she attempted that contact. A lot of times, whether they wrote it, or not, in felony cases we’re allowed to subpoena the officer in and have them testify and talk about the whole process. I don't want to know just about know what crime that the officer’s investigating. I want to know from point A to point B how we got, you know, to my client and how this whole identification of my client as a suspect, and how we began to question my client.

So, you know, that's one of the first questions that I would ask when it comes time to find out how they questioned him is, “Did you did you attempt to reach the parents?” They don't have to make contact. They don't have to get then. They don't have to wait an inordinate amount of time. What they have to show is they made an effort to reach the parents. Obviously, one of the other things I do is I talk to the parents of my client. And say, “Hey, did anyone try to contact you when he was at school and they were asking questions?” So, you usually get to the answer very quickly. And if the officer demonstrates that he made an effort to reach out, then he may have met that hurdle. That one necessary hurdle to show that our client's rights were protected.

Now, I will tell you that the failure for the officer to reach out to the parents isn't an absolute. It doesn't mean that any statements made must be suppressed. But it tends to show that the officer failed. That he didn't follow a specific protocol, and he's got more of a difficult battle trying to establish that our client's rights were diligently protected. And, even more so, they’re going to have to explain how this sixteen-year-old, who may have waived his rights, was of the capacity to understand the rights, and know that the significance of waving those rights.

The aspect that is to me, that I see often in juvenile cases, and I represent plenty of juvenile clients, and I have plenty of cases pending right now with very similar factual situations, is when the officer is questioning the person, “Is that person in custody, or not?” What I can tell you is, on some cases that I've had very recently, what you have is the questioning occurs at school. In Florida there’s a lot of school resource officers and they have an office in the school. And sometimes what will happen is that a detective whose investigating a crime may contact the school resource officer and confirm a particular student is in attendance at that school. And ask that resource officer to reach out and talk to this student. Now, this is important, because how does that happen? How does a school resource officer make contact with a suspect in school? I can tell you what normally happens, what happens in every case probably that I've had, is that the school resource officer sends a note to the classroom asking the teacher to send the student to his office.

Now, why is that significant? Well, when a student is sitting in a classroom he can't just go wherever he wants. He’s got rules he’s got to follow. And when his teacher says, “John Smith, you need to go to officer Smith's office.” Well, obviously, the question is is he in custody? And my argument is: you bet the is. The student’s got no other choice when he sitting in a classroom where to be. And then when his teacher says, “You go there.” He’s essentially been directed to go into the interrogation room. And that is an instance where I would argue that that person needs to be read his Miranda warnings because he is definitely not free to leave. The student walks up to the school resource officer's office, and as nice as they may make the setting seem, and as conversational they may make things seem, my argument and my position is once he gets commanded to go to that office ,he is in custody. If this officer is going to ask my client any questions that are designed to elicit a response that may incriminate him, then I’m going say the war