1988 OK CR 274, 765 P.2d 787 is opinion been overturned

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1988 OK CR 274, 765 P.2d 787 is opinion been overturned

Seems to say that minor being questioned even if parents are present and not in custody have to be read miranda if a suspect of criminal offense

Asked on May 19, 2009 under Criminal Law, Oklahoma

Answers:

GW, Member, Michigan and Hawaii Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The case, State v. M.A.L (1988), remains good law. The case held that an Oklahoma statute that says:

"No information gained by questioning a child ... shall be admissible into evidence against the child unless the questioning about any alleged offense by any law enforcement officer or investigative agency, ... is done in the presence of the parents, guardian, attorney, or legal custodian of the child" 

barred the admission of a student's statements even though the school principal did much of the questioning, much of it before the police were involved, where no partent, guardina or attorney was present and Miranda rights were not explained. 

The case has not reversed, but the statute was changed to eliminate the language. It's not clear how the courts will handle these situtations now.



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