We have a juvenile in our county who was arrested in fresh pursuit after a burglary. the juvenile falsely identified himself to the officer and gave a fictitious birthdate to the officer making him an adult. the officer then garnered a confession - fully complying with ccp. however, juvenile requirements such as having the kid taken before a magistrate, etc. were not complied with. the child's true age was not discovered until they attemtped to book him into county jail. our case is sufficiently strong without the confession but what is the likelihood of the confession being admissible. thanks.
Try Childs v. State, 21 SW3d 631.
It appears to say that the juvenile, by deceiving law enforcement, waived the right to be treated as a juvenile.
You should get a second confession, with magistrate warnings beforehand.
We had a situation that was close to yours. We busted a meth lab at a residence. there were 6 young men in the residence. At the time we knew one of them was a juvenile, and he was delt with accordingly. The others were arrested and taken to jail where they all remained for several days, unsure of how many but anyway. After about 4 days we discovered that one of the ones in jail was a JUVENILE!!!!! His parents threatened to sue and all that good garbage. The parents had been up to the jail on several occations to see their son, but never made any attempt to advised that he was not an adult. When the kid was arrested the gave a false age to the officers, and the information he gave was all recorded by the camera in the patrol car. So anyway. he ws released from jail and turned over to the JPO. All of the suspects were True Billed in the Grand Jury.
I agree that since he gave a false name and DOB that showed him to be an adult he did waive his rights and it probably will not matter, but it would be a good idea to go ahead and take him to a magistrate and have him go through it again if he will. Good day!
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